Centre moves Supreme Court against quashing of President’s rule in Uttarakhand

Chief Justice of India T.S. Thakur is likely to list the case before an appropriate Bench later today.

Updated - November 17, 2021 05:12 am IST

Published - April 22, 2016 11:28 am IST - NEW DELHI

Uttarakhand Chief Minister Harish Rawat during the Cabinet Meeting in Dehradun on Thursday.

Uttarakhand Chief Minister Harish Rawat during the Cabinet Meeting in Dehradun on Thursday.

The Centre on Friday moved the Supreme Court against the Uttarakhand High Court decision to quash the declaration of President’s rule in the State.

A bench of Justices Dipak Misra and S.K. Singh heard Attorney-General Mukul Rohatgi mention the matter seeking an urgent hearing and stay of the High Court verdict.

This Bench was presiding over the First Court and filling in for Chief Justice of India T.S. Thakur, who is absent from court as he is attending the three-day Chief Justices' Conference which began on Friday.

Justice Misra referred the Centre's plea to the Registrar-General of the Supreme Court to be informed to Chief Justice Thakur, who is likely to list the case for hearing later on Friday before an appropriate Bench of the apex court.

In the short mentioning, Mr. Rohatgi said the judgment was dictated in the courtroom by the High Court Bench but a copy is not yet out.

“The special leave petition has been filed in the Supreme Court on Friday morning. We are worried about what will happen between today and Monday... you can’t have a judgment delivered without a copy,” Mr. Rohatgi submitted.

Meanwhile, the nine disqualified MLAs have also sought permission to be heard in the Supreme Court.

The Uttarakhand High Court on Thursday quashed the imposition of President’s rule in the State on March 27.

The High Court Bench led by Chief Justice K.M. Joseph ordered that a floor test be held in the Uttarakhand Assembly on April 29, 2016, where former Chief Minister Harish Rawat’s claim of having majority support shall be put to test.

The judgment came amidst apprehensions raised by former Chief Minister Harish Rawat in an application filed on April 7, 2016 in the High Court that the Centre may revoke the President's rule before the court's verdict and install a BJP government.

The Bench expressed its anguish at the Centre having behaved like a private party in a federal structure of governance enshrined in the Constitution.

“We are pained that the Central government can behave like this. How can you think of playing with the Court?” Justice Joseph said.

The court had said that it would be nothing shirt of a travesty of justice if the Centre revokes the President's rule and form a government.

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