New Delhi/Dehradun: Government of India today went in appeal to the supreme Court against yesterday’s judgement of the High Court quashing President’s Rule in Uttarakhand.
Challenging the order by a Division bench of the Uttarakhand High Court setting aside the March 27 proclamation to impose president’s Rule, the Centre has brought in focus the High Court’s limited power of judicial review and pointed out that the court cannot substitute its own satisfaction with that of the President. Through its appeal filed in the apex court, the centre has also stated that the court has crossed its jurisdiction by going into the merit of the advice to the President to impose president’s Rule in Uttarakhand.
The matter was mentioned in the court of the Chief Justice by Attorney General of India Mukul Rohatgi. As Justice T.S. Thakur, the Chief Justice of India was not present, Justice Dipak Misra was the sitting Judge in the Chief Justice’s court. He responded to the appeal by saying that the Chief Justice will decide when the matter would be listed.
Congress leader and the ousted Chief Minister Harish Rawat who returned to the saddle as Chief Minister following the High Court order chaired a meeting of the State cabinet last night.
The Centre took the decision to recommend the dismissal of the Congress Government led by Harish Rawat and imposition of President’s Rule in Uttarakhand taking the plea that the State Budget did not get majority support when it was put to vote in the Assembly. The Congress has opposed this on the ground that the 9 MLAS who had defied the party whip and voted against the budget have already been disqualified as members by the Assembly Speaker.
Besides the outcome of the Centre’s appeal in Supreme Court, the trust vote in the Assembly on 29 April will decide the fate of the Harish Rawat Government. If the court approves the disqualification of the nine rebel MLAs, Rawat will have a smooth sailing and shall have no difficulty in proving his majority in the House.