HC rejects Central rule in Uttarakhand

April 22, 2016 08:02
HC rejects Central rule in Uttarakhand

The Uttarakhand high court on Thursday opposed the proposal of Centre, to establish the central rule in the state. The court further asked CM Harish Rawat's government, to face a floor test on April 29 to prove its majority.

On Wednesday, the court said, “even the President can be terribly wrong" and further delivered an order laced acting against the central rule being the last resort and that dismissal of elected governments bred cynicism in citizens.

Declaring that the "draconian 356" should not have been imposed, a bench of Chief Justice K M Joseph and Justice V K Bist said, "The said party (BJP) was a direct beneficiary of Article 356, which was not justified as there was no riot or violence in the state. The central government has to work in a completely non-partisan manner and without bias."

It added, "In the present case which was set into motion with March 18 as day one and saw a proclamation being issued in less than 10 days brings to the fore a situation where 356 has been used contrary to the law laid down by the apex court. The material (considered for the proclamation) has been found wanting and justifies judicial review."

This decision has buoyed Congress spirits and the party hailed the order as a win for democracy. On the other hand, BJP surprised after the court offered relief to Rawat, despite a sting allegedly implicating him in horse trading and the "illegal" manner in which the appropriation bill was declared passed.

Centre today will approach Supreme Court, seeking a review of the high court order nullifying the March 27 decision.

The focus is also on April 23rd hearing in the High Court against disqualification of 9 Congress rebels that has a crucial bearing on the trust vote.

Today, even the 9 Congress rebels will appeal in the SC, the HC order barring them from participating them in the trial of strength, arguing that their petition against the Speaker's order to disqualify them had not been disposed of yet by a single bench of the HC.

If the Supreme Court stays the HC order, BJP seems ready stake a claim to form government.
BJP also planned to approach governor K K Paul with a claim of majority support, before the HC interference.

Although Rawat gets an edge with the HC order, BJP has not given up yet and is determined to make a match of it on April 29th.

"Harish Rawat was in a minority and will remain in minority on April 29 too," BJP general secretary Kailash Vijayvargiya said amid claims of his colleagues about "successful" outreach to MLAs supporting the just-restored CM.

This should set the stage for a scramble for MLAs, especially the six belonging to the "others" lot.

The high court did not mince its words in taking the Cenre to task. The court said, “If the Centre revokes Article 356 and tries and form a government, what is it but a travesty of justice? You are at the Centre, so will you impose President's rule wherever you want and then call a person you like to take oath?

“When the Centre's counsel refused to state whether central rule would be revoked, the bench snapped, "You are acting like a private party. How can you think of playing with the court?”

BJP is hoping the Centre obtains a stay, as it protects the sanctity of the Cabinet recommendation and the presidential proclamation. If the apex court does not defer the floor test, Congress and BJP camps will watch HC’s decision.

BJP has 1 MLA advantage, if the rebels vote. If they don't, the odds shift towards Congress which is banking on 6 other MLAs and a BJP rebel.

The court backed a single-judge bench order directing a floor test, saying this "should not have been avoided". It rejected attorney general Mukul Rohatgi's argument that one of the major reasons for imposition of Article 356 was a "partisan" Speaker who did not disqualify BJP MLA Bhim Lal Arya who "defected" to Congress, while not sparing nine Congress rebels.

By Phani Ch

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