Centre likely to move to Supreme Court to challenge Uttarakhand HC order

New Delhi

The Centre is likely to move the Supreme Court “at the earliest” to challenge the Uttarakhand High Court’s order quashing the proclamation of President’s rule in the state and revival of the Congress government headed by Harish Rawat.

Even though the lengthy order of the division bench of the High Court is likely to be available only early next week, the Central government plans to move the apex court to challenge it “at the earliest” armed with the operating part of the directive and seek a stay, official sources said.

Terming the situation arising out of the High Court order as “extra-ordinary”, sources said it is a matter of time before the Centre moves the Supreme Court.

Delivering a major blow to the Modi government, the Uttarakhand High Court today 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.

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.

Rawat govt still in minority, claims BJP

New Delhi

Putting up a brave front, BJP today asserted the Harish Rawat government remains in a minority and it will be proved on April 29 when it takes the floor test, after the Uttrakhand High Court restored the Congress government, revoking the President’s rule.

The party, whose plans to form a government in the state came to naught following the court order, also questioned the judgement and said it was not surprised by it going by the strong observations being made by the Division Bench for the last three days.

“We are not surprised by the judgement. With the kind of observations being made for the three days by the court, such an order was expected. There is a question on our mind as Chief Minister Harish Rawat, who was caught in a sting, has been given relief by the court.

“The Harish Rawat government was in a minority yesterday, it is in a minority today and tomorrow. It will be proved on April 29,” party General Secretary Kailash Vijayvargiya told reporters.

He has been handling the Uttarakhand affairs since the political upheaval began there.

Noting that the case of nine rebel Congress MLAs against their disqualification will come up for hearing before another bench of the high court on April 28, he wondered if the Division Bench’s order had not “prejudiced” their case.

Out of the 61 MLAs in the state Assembly, excluding nine disqualified Congress MLAs and the Speaker, both Congress and BJP have 27 MLAs each while six MLAs belong to smaller outfits, who have been supporting the Rawat government. There is also a nominated member in the House.

BJP is in touch with some of the six MLAs, sources said, as it works overtime to swell the numbers on its side.

Party leaders also said the Centre is likely to move the Supreme Court and a direction from the apex court can change the situation. More PTI KR SK

BJP chief Amit Shah, Home Minister Rajnath Singh and Finance Minister Arun Jaitley also met following the court’s order and are learnt to

have deliberated on its implications and the options before the party and the government.

With the court’s order being seen as a major blow to the Centre, Vijayvargiya claimed it was not an embarrassment to either the government or the party.

“There were strong reasons for the imposition of the President’s rule,” he said, adding it was for the Centre to appeal against the order in the apex court.

Referring to some of the court’s observations, including its assertion that even the President can go wrong and his decision was open to judicial review, he said it is for all to decide if such remakrs were “dignified or undignified”.

PTI