Govt wrong to dissolve Bihar assembly

The court's ruling is an embarrassment to Prime Minister Manmohan Singh's Congress party-led coalition as it comes days ahead of polls to elect a new assembly in the politically crucial state.

New Delhi dissolved Bihar's legislature in May in a move that appeared aimed at preventing the opposition Bharatiya Janata Party (BJP) led alliance from forming a coalition after Congress and its feuding allies failed to cobble a majority after an inconclusive vote.

"We hold the May 23rd presidential proclamation as unconstitutional," a five-judge bench of the Supreme Court said, referring to the central government's order to dissolve the Bihar assembly.

"But despite the unconstitutionality, the present one is not a case where status quo ante be restored," it said in response to petitions that had sought the restoration of the dissolved legislature and elections stopped.

Bihar, one of the poorest and most lawless states, was ruled for 15 years by the regional Rashtriya Janata Dal (RJD) -- now a key member of the central coalition -- before polls in February threw up a hung assembly, ending its reign.

The state was placed under central rule while the RJD and its allies tried to sew up a majority. However, the assembly was dissolved when the BJP and its allies seemed set to cobble together a majority.

A Congress spokeswoman said the ruling was not expected to hurt the election prospects of the party and its allies.

"We respect the verdict. But I don't think the verdict targets any party," Ambika Soni told reporters.

Bihar votes in four legs between Oct. 18 and Nov. 19. Votes will be counted on Nov. 22 and results are expected the same day.