Uttarakhand HC Asks Centre to Assure President's Rule Won't be Revoked for a Week

Nainital: Even as sources say that the Bharatiya Janata Party (BJP) is planning to form government in Uttarakhand, the High Court on Thursday sought assurance from the Centre that President's rule won't be revoked for a week.

"Why don't you get a definite instruction that you won't revoke for a week? Tomorrow if you revoke President's rule and invite somebody it will be a travesty of justice. Is the government a private party?" the court asked the Centre.

But the Centre argued that it can't give an undertaking that it will not revoke President's rule in the days to come. The earlier undertaking to the court was only till April 18.

Even on Wednesday the Centre had faced the court's ire. The Uttarakhand High Court had castigated the Centre during the hearing on the imposition of President's rule in the state. The court observed that by imposing President's rule in the state the Centre had taken away the powers of an elected government and introduced "chaos" and that floor test "cannot be deprived of its sanctity".

The division bench of the court repeatedly maintained that irrespective of allegations of horse-trading and corruption, the only Constitutional way to test majority was to hold a floor test, which "you still have to go for".

The Centre also faced searching questions from the court which observed that if the reasons for imposition of Article 356 in a case, where ruling parties are different at the Centre and in the state, are accepted then it may lead to the Centre "watching with a magnifying glass where there is an opportunity for President's rule".

The bench went on to say that the Governor's action of March 23 calling for a floor test "cannot be deprived of its sanctity". "After (the decision on) March 23 what has happened for imposition of Article 356?" the court asked.

But sources said the BJP can prove majority even without the nine Congress rebel MLAs as it believes that three independent MLAs will back the move. The party believes that getting President's rule ratified in the Rajya Sabha would be challenging as the National Democratic Alliance is in minority.

BJP leaders are likely to meet Uttarakhand Governor KK Paul soon.