Uttarakhand: SC stays HC order, President’s rule back in the state

A bench of Supreme Court Justice Dipak Mishra (L) and Justice Shiva Kirti Singh ordered the floor test on May 10.

The Supreme Court Friday stayed the judgement of the Uttarakhand High Court quashing the imposition of President’s rule till 27 April.

The Supreme Court’s stay again placed the state under President’s rule. However, the apex court also restrained the centre from revoking the President’s rule till the next hearing.

A division bench of justice Dipak Mishra and Shiva Kirti Singh also directed the High Court to provide signed copies of the Judgement before 26 April.

The apex court clarified that it was keeping in abeyance the judgement of the High Court till the next date of hearing on April 27 as a measure of balance for both the parties as the copy of the verdict was not made available to the parties.

SC stayed the order of a bench of Chief Justice of Uttarakhand KM Joseph (L) and VK Bist.

SC stayed the order of a bench of Chief Justice of Uttarakhand KM Joseph (L) and VK Bist.

The Supreme Court’s stay has the effect of undoing the revival of the Congress government led by Harish Rawat by the High Court judgement yesterday.

Supreme Court also issued notices to Harish Rawat and Chief Secretary of the state on the petition by Centre challenging the quashing of Presidential proclamation under Article 356 of the Constitution in the state.

Supreme Court is expected to give a detailed verdict on the issue as was done in SR Bommai case in 1989 that will lay down the rights and responsibilites of both the centre and states.

In 1989, Rajiv Gandhi led union government had sacked Karnataka government led by Janta Dal Chief Minister SR Bommai who appealed to the Apex Court against the imposition of President’s Rule by invoking article 356 of the constitution.

In SR Bommai case, the Supreme Court laid down the rule that the majority of a government will only be tested on the floor of the house.

It also ruled that the court could look into the material and its relevance on basis of which the advice for Presidential proclamation was made by the council of ministers to the President of India.

In this case, the issue and grounds for disqualification of members of legislatures are expected to be clarified.

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