After hearing the contending parties over Appropriation Ordinance and validity of imposition of the President’s Rule on Uttarakhand under Article 356 of the Constitution on Tuesday, the Nainital High Court adjourned the hearing for Wednesday. However, there were some interesting highlights of Tuesday’s hearings.
The court gave the Centre a dressing down, asking it to explain the concrete ground which is supposed to have prompted it to impose the President’s Rule on the State.
In an interesting observation prompted by the Attorney General of India invoking corruption as a plea defending the Centre’s intervention, the court said it was next to impossible for any Government to survive its term without indulging in corrupt practice in one way or other.
The double bench of Nainital High Court comprising Chief Justice K M Joseph and Justice V K Bisht stated that the hearing would continue on Wednesday despite the day being a Government holiday, a ruling that indicates that the court is likely to give its final ruling on Wednesday.
While Attorney General of India Mukul Rohatgi, Additional Solicitors General (ASG) Tushar Mehta and advocate Maninder Singh represented the Centre, senior advocate Harish Salve represented the present State Government. Besides, senior advocate and Congress leader Abhishek Manu Singhvi along with some others pleaded for former Chief Minister Harish Rawat and the Speaker.
The people of the State as well as those from across the country are eagerly waiting for the High Court to deliver its final ruling on the nationally sensitive case, that is expected to clear thus the mists around the question whether President’s Rule would continue or a new Government run either by the Congress or the BJP would take its place.
Arguments and counter-arguments made the hearing a vibrant one on Tuesday. Rohatgi argued that they had not challenged the chair of the Speaker. They had just challenged the Speaker’s unconstitutional action in declaring the State Budget passed by voice vote with as many as 35 MlAs in the Assembly- whose effective strength on March 18 was 68 - opposing the Budget and demanding division of votes. He further said that the President was not constitutionally bound to wait for the date the Governor fixed for the floor test.
Abhishek Manu Singhvi and others representing the ousted CM and the Speaker repeated the charge that the Centre had concocted Constitutional crisis to foist its rule on the State at the expense of the democratically elected Government. Singhvi expressed surprise over 27 BJP MlAs having signed the petition served to the Governor while 26 MlAs were present in the House on March 18.
Mention worthy, BJP MlA from Mussoorie Ganesh Joshi was arrested on March 18 morning for alleged involvement in the case of a State police horse sustaining serious injuries on one of its hind legs by lathi blows.
The President’s Rule was imposed on March 27, a day ahead of the slated floor test for the Harish Rawat Government. The crisis cropped up after nine Congress MlAs broke ranks with their party and in league with the BJP MlAs, demanded division of votes on the Budget on March 18.
The Centre had defended its action, saying that the State Government failing to pass the Appropriation Bill had precipitated the crisis, resulting in the dismissal of the Government and imposition of the Central rule followed by the Centre issuing the Appropriation Ordinance.