Uttarakhand high court quashes Centre’s order on President’s rule

New Delhi: The Uttarakhand high court on Thursday struck down the central government decision to impose President’s rule in the state and ordered a fresh floor test on 29 April.

The court also ordered restoration of status quo as on date of proclamation of President’s rule and revival of the government led by petitioner and ousted chief minister Harish Rawat. During the proceedings, the court asked the Centre to ensure that a floor test is held.

“Should we consider their application for stay moved on April 7? It was expected that till the judgement is pronounced, Central government will not recall (Article) 356. If you recall 356 and call someone else to form a government, what else would it be other than travesty of justice,” a bench of chief justice K.M. Joseph and justice V.K. Bist said.

“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 - Government of India - behaves like this. How can you think of playing with the court,” the bench observed.

“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.

Members of the Uttarakhand unit of the Congress called the court order a victory for democracy.

“This is a victory for the people of Uttarakhand and democracy. When we were days away from the floor test, President’s rule was imposed,” Rawat told reporters after the high court order. “The months of March and April are very important for any state, there are many policy decisions taken during the time and the line-up for the forthcoming year. This important time has been lost. On behalf of secular forces, I want to thank the court.”

Delhi chief minister and Aam Aadmi Party leader Arvind Kejriwal tweeted, “This is a huge embarrassment to Modi Govt. He shud stop interfering wid elected govts and respect democracy.”

“Anti-constitutional juggernaut of BJP’s central govt halted in its tracks by judiciary in Uttarakhand. A slap to subverters of Constitution,” tweeted Sitaram Yechury, general secretary of the Communist Party of India (Marxist).

In March, the Centre imposed President’s rule in Uttarakhand on grounds of “breakdown of governance” after a political crisis was triggered by a rebellion in the ruling Congress party. The centre’s decision came a day before chief minister Harish Rawat was to prove his majority on the floor of the House.

“I wish that no more disturbances will be created in the development process of the state. We have faith in the judiciary and they have re-established this faith. We are not talking about fighting but want to work together and the cooperative federalism that the central governments talk about,” Rawat said.

Kailash Vijayvargia, BJP general secretary, addressing a press conference in Delhi said, “We had expected this decision seeing the courts observations. We are studying the order. Even today we continue to maintain that the Harish Rawat-led government is in minority and the floor test on 29 April will prove that.”