Floor Test puts an end to the Uttarakhand Assembly crisis; President’s Rule to be revoked

SUPREME COURT: Putting an end to the Uttarakhand Assembly crisis, the bench of Dipak Misra and Shiva Kirti Singh, J.J., allowed Harish Chandra Singh Rawat to assume the office of Chief Minister of Uttarakhand. On 09.05.2016, the Court had ordered a floor test wich was observed by the Principal Secretary, Legislative and Parliamentary Affairs, and Secretary, Legislative Assembly. As a result of the voting, except by the 9 disqualified members of Legislative Assembly, Harish Rawat obtained 33 out of 61 votes. The Court granted liberty to the Union of India to revoke the proclamation of President’s Rule in the State of Uttarakhand in course of the day.

Regarding the issue of justifiability of the proclamation of President’s Rule that was made on 27.03.2016 which was annulled by the impugned order passed by the High Court, the Court said that the said issue will remain alive as it is 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.[ UNION OF INDIA v. HARISH CHANDRA SINGH RAWAT, Special Leave to Appeal No. 11567/2016, decided on 11.05.2016]

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