A day after imposition of President’s Rule in Uttarakhand, former Chief Minister Harish Rawat moved the Uttarakhand High Court in Nainital on Monday, arguing that invoking Article 356 was in “blatant violation of the Constitution.”
Besides taking legal recourse, Mr. Rawat met Governor K.K. Paul and requested for a chance to prove his majority in the Assembly, which remains in suspended animation.
Mr. Rawat was to prove his majority in the House on Monday but the Union Cabinet recommended President’s Rule and Pranab Mukherjee issued the proclamation on Sunday, after a briefing by Union Finance Minister Arun Jaitley on the alleged constitutional breakdown in the State.
In the High Court, senior lawyer and Congress leader Abhishek Manu Singhvi, who argued the case on behalf of Mr. Rawat, said the ground of failure of constitutional machinery in Uttarakhand to invoke Article 356 was “false.”
Mr. Singhvi said an unverified video of a sting operation on Mr. Rawat was used as an excuse.
The case, which was taken up by a single Bench of Justice U.C. Dhyani, will be heard on Tuesday also.
When Mr. Rawat met the Governor, he submitted a memorandum signed by 34 MLAs, including the six Progressive Democratic Front members, stating that he was ready to prove his majority on the floor of the House. After the meeting, he told the media that he was deprived of the floor test under a conspiracy and President’s Rule was imposed.
On Sunday, Speaker Govind Singh Kunjwal disqualified nine Congress MLAs, and the action brought down the number of MLAs in the Assembly from 70 to 61. Among the 61 MLAs, Mr. Rawat enjoys the support of 34.
Appropriation Bill passed: Rawat
A day after President’s Rule was imposed on Uttarakhand, the former Chief Minister, Harish Rawat, met Governor K.K. Paul on Monday and said the Appropriation Bill was passed “constitutionally” in the Assembly on March 18.
Mr. Rawat also submitted a memorandum signed by 34 MLAs, including the six Progressive Democratic Front members, stating that he was ready to prove his majority in the Assembly.
After the meeting, he said he was deprived of the floor test under a conspiracy and President’s Rule was imposed.
On Sunday, Speaker Govind Singh Kunjwal disqualified nine Congress MLAs, and the action brought down the number of MLAs in the Assembly from 70 to 61. Among the 61 MLAs, Mr. Rawat enjoys the support of 34.
However, BJP State president Ajay Bhatt said the disqualification was “unconstitutional” since it was done after President’s Rule was imposed.
The hullaballoo which led to the dramatic turn of events President’s Rule in Uttarakhand began in the Assembly on March 18 when nine Congress MLAs, along with the BJP members, voted against the Appropriation Bill after the BJP asked for a division of votes.
On Sunday, Union Finance Minister Arun Jaitley alleged that the Speaker, in violation of the constitutional provisions, had shown the Appropriation Bill as passed when a majority of the members voted against it.
Countering Mr. Jaitley’s claim, Mr. Rawat said: “The Bill was passed constitutionally. We told the Governor that newspaper reports said the Appropriation Bill had not been passed and the Centre would have to intervene and the Bill would be passed in Parliament. But this must happen only if a State doesn’t have an Assembly. But our State has an Assembly and a budget has been passed by majority in the Assembly.”
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