TIA NEWS
The Uttarakhand High Court today ruled that the legitimacy of President’s decision to suspend the state assembly is subject to judicial review saying even he (President) can go wrong.
A bench of Chief Justice K M Joseph and Justice V K Bist made the observation when the Centre argued that the President took the decision to impose Article 356 of the Constitution in his political wisdom.
The bench was hearing arguments on the petition filed by the ousted Chief Minister Harish Rawat and related pleas challenging imposition of President’s rule in Uttarakhand.
The High Court also questioned 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, during the hearing, also noted that the Governor in his reports to the President never mentioned that 35 MLAs sought division of votes on the passage of the Appropriation Bill in the state assembly.
While noting that the Governor has to be personally satisfied, the court 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.
The Centre had imposed President’s Rule in Uttarakhand on March 27, a day before Chief Minister Harish Rawat was to prove his majority in the state assembly.