Setback for Centre: Uttarakhand HC strikes down President's Rule in state
Dehradun: The Uttarakhand High Court on Thursday quashed the President's Rule that was imposed by the Centre in March this year in the state. The court also ordered a floor test on April 29 for ousted Chief Minister Harish Rawat after he challenged the imposition of President's Rule.
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.
"Centre acted in 'blatant falsehood' and also accused Uttarakhand Speaker of 'double standards'," the court said. It also added that Article 356 was imposed in Uttarakhand contrary to law laid down by the Supreme Court.
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.
Harish Rawat termed the Uttarakhand High Court verdict as 'peoples' victory'. "This is a victory of people of Uttarakhand. We welcome the verdict. The whole country knows who was behind the political instability in the state," Rawat said.
Read: High Court verdict victory for people of Uttarakhand: Harish Rawat
Responding to the judgement, BJP said, “The Harish Rawat government in Uttarakhand is in minority and this will be proved on April 29.”
"The kind of observations the state High Court has been making for last three days, we are not surprised by its order," said BJP General Secretary Kailash Vijayvargiya.
The Court’s decision came just hours after it came down heavily on the Centre for imposing the President’s Rule and then mulling on revoking it.
Read: Hopefully Centre will not provoke us, warns Uttarakhand HC
The strong words of the court came after the Centre's counsel said it was not in a position to give an assurance that the government would consider putting on hold the recall of its order imposing President's Rule for a week. It gave the government's counsel some time to take instructions.
“Otherwise you can do this in every state. Impose President’s Rule for 10-15 days and then ask someone else to take oath. More than angry, we are pained that you are behaving like this. That the highest authority -- the Government of India -- behaves like this. How can you think of playing with the court,” the bench had observed.
Read: Uttarakhand crisis: HC raps Centre, says ‘even the President can go wrong’
“What if we allow the petition? Then things would go back to what it was prior to the President’s Rule and the state government will only have to prove majority by way of floor test. Can you take exception to that also?” the bench asked the Centre.
Read: Uttarakhand row: Centre inducting chaos, says High Court
On March 27, President Pranab Mukherjee signed the proclamation under Article 356 of the Constitution dismissing the Congress government headed by Harish Rawat and placing the Assembly under suspended animation on recommendation of the Union Cabinet.
Political crisis struck Uttarakhand after nine Congress MLAs, including former chief minister Vijay Bahuguna, revolted against the chief minister and turned to the opposition Bharatiya Janata Party (BJP) for support.
The rebel Congress MLAs had alleged they were offered bribe by Harish Rawat for support during the floor test and released a video of a “sting” operation purportedly showing the CM, who called it “fake”.
The Congress alleged the “dirty tricks department” of BJP president Amit Shah was at work, while the saffron outfit demanded “immediate dismissal” of the Rawat government.
