The Uttarakhand high court on Thursday struck down the central government decision to impose President’s rule in the state and ordered a fresh floor test on 29 April.
The court also ordered restoration of status quo as on date of proclamation of President’s rule and revival of the government led by petitioner and ousted chief minister Harish Rawat. During the proceedings, the court asked the Centre to ensure that a floor test is held.
The Centre will challenge the Uttarakhand high court verdict setting aside President's rule in the state in the Supreme Court on Friday.
"We're filing an appeal challenging Uttarakhand HC order. The appeal is being prepared,it will be lodged in SC tomorrow morning, said attorney general Mukul Rohatgi.
"We've nothing to do with disqualified MLAs, we're only concerned with the Presidential notification," the attorney general said.
The Centre today received a fresh burst of criticism from the top court in Uttarakhand, which has spent the last few weeks in churn over a major political crisis.
"We are pained that you can behave like this," said the Uttarakhand High Court, when the centre said it cannot guarantee whether President's Rule will be revoked for the hill state, reported NDTV.
The Uttarakhand high court on Thursday said it would be a travesty of justice if the Centre recalls its order imposing President's rule and allows someone else to form a government now, strong words that came after its counsel was unable to give an undertaking till a verdict is given in the present case reports Times of India.
Continuing its hearing for the fourth day, the court also told the Centre that it could allow the ousted chief minister Harish Rawat's petition challenging the imposition of President's rule and ensure that a floor test is held.
"Should we consider their application for stay moved on April 7? It was expected that till the judgement is pronounced, central government will not recall (Article) 356. If you recall 356 and call someone else to form a government, what else would it be other than travesty of justice," a bench of Chief Justice K M Joseph and Justice V K Bist said.
According to a report by NDTV, the strong words of the court came after the Centre's counsel said it was not in a position to give an assurance that the government would consider putting on hold the recall of its order imposing President's rule for a week. It gave the government's counsel some time to take instructions.
The bench observed, "Otherwise you can do this in every state. Impose President's Rule for 10-15 days and then ask someone else to take oath. More than angry, we are pained that you are behaving like this. That the highest authority - Government of India - behaves like this. How can you think of playing with the court."
"What if we allow the petition? Then things would go back to what it was prior to the President's rule and the state government will only have to prove majority by way of floor test. Can you take exception to that also?" the bench asked the Centre.