It required to be scrutinized whether within the scope of judicial review, such a finding could have been arrived at or for that matter whether the opinion arrived at by the President of India to proclaim the President's Rule at the relevant point of time was justified or not, said the Bench.
Supreme Court of India Today has declared the results of floor test held at Uttarkhand Assembly yesterday. The Court has found that Harish Rawat has obtained 33 votes out of 61 votes and declared that his government proved the Majority in the House
“We have opened the result of the voting that has been produced before us in a sealed cover by Mr. Jaidev Singh, Principal Secretary, Legislative and Parliamentary Affairs, Government of Uttarakhand. On a perusal of the same, we find that the 1st respondent has obtained 33 votes out of 61 votes. Be it clarified, nine members of the Legislative Assembly could not vote as they stood disqualified as on that day and even today. Mr. Jaidev Singh, Principal Secretary, Legislative and Parliamentary Affiars, Government of Uttarakhand has apprised us that there was no irregularity in the voting procedure. We accept the same. We may hasten to clarify that the same position has been accepted by the learned Attorney General for India”. said the Bench
The Bench comprising of Justices Dipak Misra and Shiva Kirti Singh has modified its earlier order by granting liberty to the Union of India to revoke the proclamation of President's Rule in the State of Uttarakhand in course of the day. It is also clarified that , after the Presidential Rule is revoked, the Mr. Rawat can assume the office of the Chief Minister of Uttarakhand. The Government Sources have announced that it has recommended to the President to revoke the President’s Rule
SC to examine the Case on Merits
But the Supreme Court has made it clear that the Court will examine the Proclamation Order, the High Court Judgment quashing it and the High Court order upholding the disqualification on Merits.
The Order states as follows;
Two aspects we intend to clarify. One, the issue of justifiability of the proclamation of President's Rule that was made on 27.03.2016 which has been annulled by the impugned order passed by the High Court will remain alive, for the High Court has ascribed many a reasons to arrive at the conclusion that the said proclamation was not tenable in law. It required to be scrutinized whether within the scope of judicial review, such a finding could have been arrived at or for that matter whether the opinion arrived at by the President of India to proclaim the President's Rule at the relevant point of time was justified or not. We may hasten to add, we have directed for floor test on concession of the parties and we had varied the order today on a prayer being made by the Union of India.
The second aspect that deserves mention is that nine members of the Legislative Assembly have been disqualified. Their disqualification which has been upheld by the High Court is under assail before this Court in the special leave petition no.14140 of 2016. This Court has declined to grant interim prayer for stay of the impugned order against the disqualified MLAs in the special leave petition on 09.05.2016. The said matter has been adjourned to 12.07.2016. What will be the effect, if in the ultimate eventuate case the disqualification is set at naught would be a matter of debate. We say nothing on that score at present.
For the purpose of production of the order of revocation, let the matter be listed on 13.05.2016. On that date, a day shall be fixed for hearing of the special leave petitions on merits.
More news about Uttarakhand Politcal crisis can be read here.
Read the order here.