Dislodged former Uttarakhand Chief Minister Harish Rawat on Monday moved the Uttarakhand High Court in Nainital, challenging the imposition of President’s Rule in the State. Describing the Centre’s decision as a “brazen display of high- handedness and authoritarianism”,
Rawat filed a petition in the HC seeking quashing of the Presidential Proclamation and the opportunity to prove majority in the House.
He also met Governor KK Paul along with 32 MlAs. Claiming the support of 34 MlAs, Rawat sought Governors’ permission to prove his majority in the Uttarakhand Assembly.
Rawat’s petition came up before the single Bench of Justice UC Dhyani, who
after hearing both sides for close to four hours, said the matter would be taken up again on Tuesday.
Senior advocate Abhishek Manu Singhvi appeared on behalf of Rawat, while Rakesh Thapliyal represented the Union Government. Additional Solictor-General Tushar Mehta will argue the case on behalf of the Union Government on Tuesday.
Citing Supreme Court verdicts on the famous cases involving Rameshwar Nath in Bihar and SR Bomai in Karnataka, Singhvi, also a senior Congress leader and party spokesman, argued that circumstances were not suitable for invoking Article 356 of the Constitution and imposing President’s Rule in the State.
Meanwhile, Rawat met Governor KK Paul along with the MlAs supporting him and sought his permission to prove his majority in the Uttarakhand Assembly.
MlAs, who went along with a defiant Rawat to meet the Governor included 26 of the Congress, five of the Progressive Democratic Front(PDF) and one nominated member of the state Assembly. A letter claiming support of 34 MlAs was also handed over to the Governor.
Govind Singh Kunjwal, the Speaker of the state Assembly, which is now in suspended animation, did not turn up in keeping with Parliamentary traditions whereas PDF member Sarbat Karim Ansari was absent due to personal reasons. “Congress still enjoys a majority in the State Assembly and it should have been given an opportunity to prove this on the floor of the House,” Congress MlA Indira Hridayesh told reporters soon after meeting the Governor.
“We have the support of 34 MlAs and we are in a majority. We have given this information to the Governor,” she said.
Nine party rebels who had revolted against the Rawat Government were disqualified by Speaker on Sunday reducing the effective strength of the House to 61 from 70. Another party MlA Nav Prabhat said a memorandum was also handed to the Governor to counter BJP’s allegations that the Appropriation Bill had not been passed by the State Assembly. “The Appropriation Bill on the State’s Annual Budget has been passed as per Parliamentary norms and there is no financial emergency in the State as alleged by the BJP,” Prabhat told reporters quoting the memorandum.
Making references to books written by constitutional experts, he said as per parliamentary norms a debate on the appropriation bill cannot be allowed in the House after demands for grants of different departments had been passed and the Speaker’s decision with regard to the legislation is final.
Hours after President’s Rule was imposed in Uttarakhand on Sunday, Rawat had gone to call on Governor K K Paul late in the night to request him to grant him a chance to prove his majority in the state Assembly claiming he had the numbers.
Though Rawat could not meet the Governor who had retired for the day, he left a letter addressed to Paul in which he claimed that he still enjoyed the support of a majority of MlAs in the House.
“Hence, in view of the sentiments of the people of Uttarakhand it is imperative that I am granted the permission to prove my majority in the House in the interest of democracy,” Rawat said in his letter received by the ADC to Governor Anuj Rathour.