In a major embarrassment for the Centre, the Uttarakhand High Court has set aside President's rule in the state. While ruling against the imposition of President's rule, the court said that proclamation imposing Article 356 dated March 27 stands quashed and status quo as on the date of the proclamation will be restored.
The floor test in Uttarakhand Assembly will take place on April 29, ruled the High Court. Congress has 36 MLAs including nine rebels in the 71-member Assembly. But the nine Congress MLAs have been barred from taking part in the trust vote.
Elated Chief Minister of Uttarakhand Harish Rawat thanked all party MLAs for supporting him. "Today's order has proved that small states also have the right to rule in the state in a democratic manner. Rebel Congress MLAs will now have to look for a way on their own as BJP has also disowned them."
Coming down heavily on the Centre, the High Court observed that Bharatiya Janata Party (BJP) had a direct interest in the imposition of President's rule in the state and so its letter on March 26 to President Pranab Mukherjee saying "there is a breakdown of constitutional machinery in the state is of no relevance at all and is not material to the imposition".
"Central government's role in imposition of Article 356 has to be completely non partisan and it cannot adopt an interest as an interested party," observed KM Joseph, the Chief Justice of Uttarakhand High Court.
The judgement came on a petition filed by former chief minister Harish Rawat whose government was dismissed by the Centre on March 27.
Rejoicing after the verdict, Congress spokesperson Randeep Singh Surjewala said, "It is slap on the face of all those who wanted to subjugate the will of the people and replace it with their own."
Current party position in Uttarakhand:
Total seats: 71, including one nominated
Congress - 27, including Speaker
Bharatiya Janata Party - 27
Congress rebels - 9 ( cannot vote)
BJP rebel -1 ( can vote)
PDF-Cong support - 6
Nominated ( Cong support)-1
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