Coming down heavily on the Centre for the March 27 proclamation under Art 356, Uttarakhand High Court said the imposition of President’s rule was contrary to law laid down by the apex court
Nainital: Delivering a major blow to the Modi government, the Uttarakhand High Court yesterday quashed the proclamation of President’s rule in the state and revived the Congress government headed by Harish Rawat, who has been asked to prove his majority in the Assembly on April 29.
Chief Justice K M Joseph (left) and Justice V K Bist of Uttarakhand High Court who on Thursday quashed imposition of President's rule. Pics/PTI
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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 President’s rule was contrary to the law laid down by the Supreme Court.
In a lengthy judgement dictated in the open court after the Centre’s counsel declined to give an undertaking that the government would not revoke the President’s for a week for the court to give its verdict, the bench made strong observations on the Centre’s resort to Art 356 of the Constitution in the instant case.
“What is at stake here is not just the petitioner’s government but democracy at large,” the bench said dealing with the Centre’s argument that since the petitioner did not disclose in his plea the representation by BJP MLAs to the Governor seeking division of votes. Ordering restoration of his government, the court said Rawat must necessarily obtain a vote of confidence by holding a floor test on April 29.
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