This Article is From Apr 06, 2016

Uttarakhand Court Rejects Plea To Defer Hearing On President's Rule

Uttarakhand Court Rejects Plea To Defer Hearing On President's Rule

The Centre had imposed President's rule on March 27 citing breakdown of constitutional machinery under Chief Minister Harish Rawat

Highlights

  • Harish Rawat challenged President's Rule, Centre seeks more time to reply
  • High Court assures it won't pass an order without hearing Centre
  • Court hearing a petition on imposition of President's Rule in Uttarakhand
Nainital: The Uttarakhand High Court is hearing a petition on the imposition of President's rule in the state on March 27. A two-judge bench headed by Chief Justice KM Joseph is hearing the plea filed by Harish Rawat against the Centre's move.

Here are the top developments:

  1. The Court today rejected the Centre's plea for adjournment of hearing on the petition. The Chief Justice told the Centre's counsel the court will not issue an order without first hearing the Centre.

  2. The central government has submitted eight reports to the court including Governor KK Paul's report to the President to court in sealed cover.

  3. It also asked the court for more time to file a counter to the rejoinder filed by Mr Rawat yesterday challenging President's rule.

  4. The Centre argued in court that the state budget was never passed in the assembly. It said the Congress says it was passed by a voice vote.

  5. Congress lawyer Abhishek Manu Singhvi argued in court that division of votes (voting on a motion) is decided by the Speaker and not the Governor.

  6. The Congress told the court the BJP made a statement that it wants to establish a government in the state by April 15, before Ramnavmi. The statement it said was "unfortunate" and shows the BJP's intent.

  7. The Centre filed an affidavit in court defending President's rule, which it said, was imposed because "constitutional machinery had broken down in the state."

  8. It argued that Speaker Govind Kunjwal had "misused his powers" by declaring a failed finance bill passed and did not allow voting on the bill despite members asking for it.

  9. The Centre had imposed President's rule in the state on March 27 after chaos in the assembly and rebellion in the ruling Congress which had a wafer-thin majority in the 70-member house. The BJP also staked claim to form the government.

  10. With nine rebel legislators breaking away, the Congress is left with 27 MLAs and is supported by six legislators of the Progressive Democratic Front.



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