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SC stays Uttarakhand HC order quashing President’s rule; matter put in abeyance till April 27; but Centre can’t revoke Presidential proclamation

The Supreme Court on Friday ordered that the Uttarakhand High Court order, quashing President's rule in the hill state and reinstating Harish Rawat as chief minister, be kept in abeyance till April 27.

The stay order has given a new turn to the continuing political drama in the state which essentially means that Rawat, who called a cabinet meeting on Thursday night and reported on Friday morning that "11 new decisions have been taken," is back to being the former Chief Minister of the state.

But before passing a brief order the two-judge bench extracted an undertaking from Attorney General Mukul Rohatgi that the "Union of India shall not revoke the Presidential proclamation till the next date of hearing". That forecloses the option of the BJP being invited to form the government -- a likelihood the Congress feared and had sought protection from.

While listing the matter for hearing on April 27, the bench said that the High Court shall provide the judgment passed on Thursday to the parties by April 26 and on the same date the copy of the verdict shall also be placed before the apex court.

The order came after hourlong arguments on the central government's petition seeking stay of the high court order.

While the top court put in abeyance the operation of the high court verdict, it indicated in the course of the arguments that it may refer the entire matter to the constitution bench.

The Centre had clamped President's Rule one day before Rawat was to take a trust vote in March. The timing of the Centre's move and its motives were doubted by the judges of the Uttarakhand High Court. As the bench was about to pass its order, senior counsel Kapil Sibal, appearing for Uttarakhand Assembly Speaker Govind Singh Kunjwal, said that its order would amount to granting final relief sought by the central government in their challenge to the high court verdict. Addressing the concern, Justice Singh said that they are not interfering with the order of floor test on April 29, as directed by the high court. Attorney General Rohatgi referred to the speaker not allowing voting on the appropriation bill even though 27 Bharatiya Janata Party legislators and nine Congress members had sought voting. He said that if the Speaker had allowed the division as sought by the BJP and rebel Congress members, then the appropriation bill would not have got through (passed), thereby resulting in the fall of the Rawat government.