Dealing a major blow to Modi government, the Uttarakhand High Court today quashed the imposition of President' rule in the state and revived the Congress government headed by Harish Rawat, who has been asked to prove his majority on April 29.
Coming down heavily on the Centre for the March 27 proclamation under Art 356, a division bench of the high court headed by Chief Justice K M Joseph said the imposition of the President's rule was contrary to the law laid down by the Supreme Court.
Allowing ousted Chief Minister Harish Rawat's petition
challenging the Presidential proclamation, the bench, also comprising Justice V K Bist, observed that the material considered for imposing President's rule "has been found wanting".
Upholding the disqualification of nine dissident Congress MLAs, the court said they have to pay the price of committing the "Constitutional sin" of defection by being disqualified.
Ordering restoration of the Rawat government, the court
ordered the ousted Chief Minister to prove his government's majority on the floor of the Assembly on April 29.
"In the present case which was set into motion with March 18 as day one and saw a proclamation being issued in less than ten days brings to the fore a situation where 356 has been used contrary to the law laid down by the apex court.
"The material (considered for the proclamation) has been found wanting and justifies judicial review interfering with the proclamation," the court said.
