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Friday, April 22, 2016

Court said in its verdict:"Everything is Subject to Judicial Review"

By on Friday, April 22, 2016
High Court Uttarakhand said: “This is what’s colouring our minds. Can one solitary instance topple a democratically elected government in its fourth-fifth year... the root of the matter is that you are cutting at the root of democracy.”

Nainital High Court on Thursday gave a big decision on the matter of the President rule in Uttarakhand. High Court Uttarakhand set aside the order of President rule and also upheld the speaker's decision about the dismissal of 9 rebels legislature of congress.
The Union Government on the recommendation of short majority of Harish rawat Government had imposed the president rule in the state on 27th march last month. The Union Government has said that it will challenge the decision in Supreme court.
Hearing on the issue High Court has asked whether the Government is a private party? The court had said harshly with the centre, “If you recall 356 and call someone else to form a government, what else would it be other than travesty of justice,” 
“We don’t agree with the imposition of the President’s rule,” the division bench headed by Chief Justice KM Joseph said.
The high court has also ordered a (For more details) fresh floor test on April 29.After two consecutive days of hearing on a matter filed by ousted chief minister Harish Rawat, the court said the proclamation of central rule in the state stood null and void.
 “What is passing through our mind is, is it the lookout of the central government as to what would have happened on March 28 (when the floor test was to be held) in view of the changed composition, and in view of the nine ousted MLAs?” a bench of Chief Justice KM Joseph and Justice VK Bist asked attorney general Mukul Rohatgi.
 “Will it not be totally extraneous for the central government, which is ruled by another political party, to be concerned by the changed composition...” it added.
Noting that the demand for division of votes in the assembly when the Appropriation Bill was introduced was only a “solitary instance”, the high court said: “This is what’s colouring our minds. Can one solitary instance topple a democratically elected government in its fourth-fifth year... the root of the matter is that you are cutting at the root of democracy.”
The Uttarakhand high court this Monday asked the Centre’s counsel to explain why President’s Rule was imposed on the state at a time when the Harish Rawat government was in its fifth year.
Putting forth the Centre’s stand, Rohatgi said President Pranab Mukherjee had signed the order only after going through the facts. He said that 35 MLAs (including nine Congress rebels) had sought a division of votes on the appropriation bill on March 18, but it was not accepted by speaker Govind Singh Kunjwal. While BJP MLA Ganesh Joshi was arrested the same day, another member – Bhim Lal Arya – was told to absent himself from the house. BSP MLA Sarwat Kareem Ansari was also not present in the house, he contended.
Rohatgi said 35 of the 68 MLAs in the assembly were against the bill, but the speaker would not allow a division of the votes because he was aware that the government was in a minority.
“The President can be an excellent person but he can be terribly wrong, judges can also be terribly wrong,” the division bench comprising Justice KM Joseph and Justice VK Bisht said.
 “We do not doubt the wisdom of the President, but everything is subject to judicial review,” the court said.
 “Should we consider their application for stay moved on April 7? It was expected that till the judgment is pronounced, the central government will not recall (Article) 356.”
The Jury said, "that you may behave like this has saddened us more than displeased." He said how can you frolic with the court?
"We are ready to prove our majority on floor test. Modi Government take lesson after High Court's decision. the defection had got plotted in Uttarakhand. we talk about cooperation. We don't talk to fight. They are all powerful who have the widen chest", said Harish Rawat.

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