Legal experts say much will depend on chief minister Jitan Ram Manjhi's next move after he was "technically" authorized by his cabinet on Saturday to recommend the dissolution of assembly.
If he indeed makes a recommendation to the effect, the governor will have three options. He may either accept the recommendation asking Manjhi to continue as caretaker CM till the election due in October-November or ask Manjhi or Nitish to prove majority on the floor. Alternatively, he may decide to keep the assembly in suspended animation under the President's Rule.
Senior advocate Binod Kanth said two factions of the ruling party standing against each other spawns a new crisis of sorts.
"It depends on the governor's discretion. If Nitish submits a list of MLAs supporting him and the governor thinks that Manjhi is in minority, he will ask Nitish to prove majority on the floor of the house.
He may also defer a decision on Manjhi's plea that technically only a CM can convene a legislature party meeting of ruling MLAs and keep the assembly in suspended animation," Kanth told TOI, adding that the governor accepted Manjhi's recommendation to sack his two ministers shows the governor was satisfied with Manjhi's legitimacy as the CM and might accept his other
recommendations too.
Lawwyer Abhay Singh, however, begged to differ with Kanth. "The governor is not bound to accept Manjhi's recommendation to dissolve the assembly. If the legislature party has elected a new leader in Nitish, he may first ask Manjhi to prove his majority. If he fails, Nitish will be asked to do so," Singh said and added if the governor was apprehensive about political instability, he might also dissolve the House and let Manjhi continue as the caretaker CM or recommend President's Rule.
Another lawyer Basant Chaudhary, citing the S R Bommai case, said it was a settled law that if the ruling party elects a new leader, only the new leader should be allowed to prove majority.
http://ift.tt/1DqSQJk Ram Manjhi,Governor Keshari Nath Tripathi,Bihar
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