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Nainital: Dealing a major blow to Modi government, the Uttarakhand High Court on Thursday quashed the imposition of President’ rule in the State and revived the Congress government headed by Harish Rawat, who has been asked to prove his majority on April 29.
Coming down heavily on the Centre for the March 27 proclamation under Art 356, a Division Bench of the High Court headed by Chief Justice K.M Joseph said the imposition of the President’s rule was contrary to the law laid down by the Supreme Court.
Allowing ousted Chief Minister Harish Rawat’s petition challenging the Presidential proclamation, the bench, also comprising Justice V K Bist, observed that the material considered for imposing President’s rule “has been found wanting”.
Upholding the disqualification of nine dissident Congress MLAs, the court said they have to pay the price of committing the “Constitutional sin” of defection by being disqualified.
The court said “however, we must not be understood to have said that a solitary instance would not contribute for imposing 356. The proclamation of March 27 stands quashed.”
It said status quo ante on the day of proclamation, meaning thereby, restoration of the government led by petitioner (Rawat) will revive.
The court said, however, status being restored the petitioner must necessarily obtain a vote of confidence by holding a floor test on April 29.
The court also turned down an oral plea made by the Centre’s counsel for a stay on its judgement to move the Supreme Court against it.
The bench said we won’t stay our own judgement. “You can go to the Supreme Court and get a stay,” it said.
The issue came to the division bench of the court after a single judge ordered a floor test on March 28 following controversy over the passage of Appropriation Bill on March 18 with the BJP and dissident Congress MLAs claiming the money Bill had fallen and the government has lost its majority.
During the last three days of hearing, the court has made several strong observations against the Centre on the issue of imposition of President’s Rule in Uttarakhand.
It had said on Monday that the proclamation under Article 356, just a day ahead of the floor test, amounted to cutting at the root of democracy. Subsequently, it had observed that the government was introducing chaos and undermining an elected government.
Yesterday, it had maintained that the decision to impose President’s Rule was subject to judicial review as even the President can go terribly wrong.
A day before the floor test was to have been held the Centre imposed President’s Rule on March 27 citing breakdown of Constitutional machinery as a ground.
Harish Rawat approached the Division Bench challenging the imposition of the President’s Rule.
