President's rule in Uttarakhand set aside, floor test on April 29

April 21, 2016 15:37

President's rule has been set aside in Uttarakhand with the high court allowing former Chief Minister Harish Rawat's plea challenging the imposition of President's rule.

The court also ordered a fresh floor test on April 29.

The status quo as on date of proclamation of President's rule should be restored and the government led by petitioner Rawat will revive, the order said.

Article 356 was imposed in Uttarakhand contrary to law laid down by the Supreme Court, the high court said, and that material considered for imposing President's rule was found "wanting".

Nine dissident Congress MLAs who rebelled against Chief Minister Rawat, setting off the constitutional crisis, have to pay the price of committing the "Constitutional sin" of defection by being disqualified, the court said. Their fate was entirely irrelevant and extraneous to the imposition of President's rule.

The Uttarakhand high court said that it was "pained" by the Centre's actions in the case over the imposition of President's rule, with Chief Justice K M Joseph saying the central government, which should be impartial, was acting like a "private party".

The court's stinging reaction came after Harish Rawat's counsel presented his apprehension that the Centre might revoke President's rule in Uttarakhand and try and get the BJP to form a government before the final verdict was out.

Rejecting the Centre's plea for stay, the court said, "We won't stay our own judgment. You can go to Supreme Court and get it stayed.'

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