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H.S. Jain And Ors., Etc. vs Union Of India (Uoi) And Ors., Etc. on 19 December, 1996

107. It has been strongly contended by all the learned counsels for the petitioners that Article 356(5) has been violated because the impugned Proclamation in substance extends President's Rule beyond one year which is specially barred by Article 356(5). Learned counsels submitted that there was neither any emergency nor certification by the Election Commission and hence President's Rule could not be validly extended beyond one year. Learned counsels submitted that the impugned Proclamation was in colourable exercise of power of the President and was unconstitutional, and they relied upon the decisions in K.C. Gajapali Narayan Deo v. State of Orissa, AIR 1953 SC 375 Vajravelu Mudaliar v. Spl. Dy. Collector, AIR 1965 SC 1017, State of Punjab v. Gurdial Singh, 1980 (3) SCC 471 etc.
Allahabad High Court Cites 79 - Cited by 12 - Full Document
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