PTI
NAINITAL, APRIL 20
The Uttarakhand High Court on Wednesday observed that the legitimacy of the President’s decision to suspend the Uttarakhand Assembly is open to judicial review.
Referring to the NDA government’s argument that the President took the decision to impose Article 356 of the Constitution in his “political wisdom”, a Bench of Chief Justice K.M. Joseph and Justice V.K. Bist said.
“People can go wrong, be it the President or the judges.”
This observation was made after the Centre contended that the President’s understanding of the material before him would be different from that of the court.
The High Court, during the hearing, also noted that the Governor in his reports to the President never mentioned that 35 MLAs sought division of votes.
“Governor has to be personally satisfied. He has not recorded his personal satisfaction that 35 MLAs had sought division on the floor of the house,” the court said and added that his reports did not say that the nine rebel Congress MLAs had also sought a division.
It also said that there was “absolute absence of material that would create an apprehension in the mind of the Governor” that President’s rule needs to be imposed.
To this, the Centre said that on March 19 the Governor did not have all the details.
The Bench was hearing arguments on a petition filed by ousted Chief Minister, Harish Rawat, and related pleas challenging imposition of President’s rule in Uttarakhand.
The High Court also asked whether the allegation that former Chief Minister Harish Rawat was “hitting out” at the nine Congress rebel MLAs would constitute material for imposing Article 356.
The court said the “concern” regarding the rebel MLAs was “absolutely irrelevant and unacceptable.”
