Centre cutting at root of democracy: Uttarakhand HC

HIGH COURT QUESTIONS GOVT’S ‘INTERFERENCE’ IN UTTARAKHAND, SAYS EMERGENCY POWERS SHOULD BE USED ONLY IN EXTRAORDINARY CASES

NAINITAL: The Uttarakhand high court on Monday questioned the BJP-led Centre’s “interference” in the hill state and wondered how a democratically-elected government could be deposed in its fifth year over the disqualification of nine rebel Congress lawmakers.

Emergency powers should be used in extraordinary cases, said a bench of chief justice KM Joseph and justice VK Bist, hearing ousted chief minister Harish Rawat’s petition challenging President’s rule in the state.

The state was brought under central rule on March 27, a day before Rawat was to take a floor test in the assembly to prove his majority as nine dissident MLAs sided with the rival BJP to protest against the government’s finance bill. The speaker later disqualified the rebels under the anti-defection law.

“What is passing through our mind is, is it the lookout of the central government as to what would have happened on March 28 (floor test) in view of the changed composition and in view of the nine ousted MLAs...?” the bench said.

“Will it not be totally extraneous for the central government, which is ruled by another political party, to be concerned by changed composition...?,” it asked attorney general Mukul Rohatgi, who is representing the Centre.

The court said the demand for division of votes in the assembly when the appropriation or money bill was introduced was only a “solitary instance”.

“This is what is colouring our minds. Can one solitary instance topple a democratically-elected government in its fourth-fifth year... root of the matter is you are cutting at the root of democracy.”

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