As Attorney General G.E.Vahanvati told the court that order placing the assembly under suspended animation could be revoked earlier also, Nariman noted the ground reality.
While Nariman quoted Feb 14 statement of the then leader of opposition that BJP would not stake any claim to form the government and was ready for election any day, Vahanvati referred to the Rajya Sabha proceedings when BJP member M. Venkaiah Naidu said that the possibility of forming an alternate government could not be ruled out.
The AAP has challenged the presidential proclamation of keeping the Delhi assembly in suspended animation as the Kejriwal government had recommended the assembly's dissolution.
As the court asked Nariman to frame questions arising from the AAP petition for the court's consideration, he said that now they are being told by the Attorney General that there were reasons for keeping Delhi assembly under suspended animation, then they should be disclosed for their judicial determination.
Senior counsel Shanti Bhushan urged the court to consider the question whether a recommendation for the dissolution of assembly by a government enjoying majority support in the legislatures could be ignored by the Lt. Governor while making recommendation to the central government.