The Nainital High Court on Thursday granted the Centre time till April 12 to file rejoinder to the Congress’ petition challenging the Appropriation Bill Ordinance and the validity of imposition of the President’s Rule under Article 356 of the Constitution.
The next hearing of the case would be held on April 18. However, the court pulled up the Centre, saying that there was a possibility of the court striking down the President's Rule in the State. Cautioning the Centre, the High Court said, “We can pass an order to protect the litigant by revoking Article 356.”
The High Court had on Wednesday declined to accept the Centre's plea seeking more time to file a counter to former Chief Minister Harish Rawat's plea against the President's Rule. However, the court at the same time had assured the Centre that no order would be passed without hearing the Attorney General of India Mukul Rohatgi.
Rohatgi had raised the question over the Speaker’s integrity while senior advocate Abhishek Manu Singhvi, appearing for the ousted Chief Minister, opposed the Centre seeking more time to file response to the Congress petition challenging the Appropriation Bill Ordinance and the validity of imposition of Article 356. Singhvi said that the Centre had been trying to drag the matter intentionally.
He pleaded against more time being granted, arguing that the delay in the verdict over President’s Rule would result in horse trading. He said that Centre wanted to replace President’s Rule with a BJP- led government in the State. He sought assurance from the court that BJP be not allowed to form the government until court delivers its order over the issue.
The court, however, granted the Centre time till April 12 for filing its response on two petitions filed by former CM Harish Rawat.
On Wednesday, Congress had argued that the Centre's contention about division of votes over the Finance Bill was meaningless.
Earlier, the trust vote was slated for March 28, but the Centre imposed President's Rule on March 27, citing "breakdown of Constitutional machinery" in the State.
This was challenged by Harish Rawat before the single-judge bench of the High Court. The judge, while ordering the floor test on March 31, had also allowed nine disqualified rebel Congress MlAs to participate in the voting. On April 1, the HC had directed the Centre to respond to the writ petition filed by Rawat, challenging promulgation of an ordinance by the Union government on the Appropriation Bill. Congress had moved the High Court challenging the Central Ordinance authorising expenditure of the State, which is under President's Rule, contending that the Assembly had duly passed the Appropriation Bill on March 18.