K.M. Joseph, J.

The petitioner, who was the Chief Minister of the State of Uttarakhand till 27.03.2016, seeks the following reliefs:

“a. issue a writ, order or any other appropriate writs, orders quashing the Proclamation dated 27.03.2016 issued under Article 356 of the Constitution of India bearing no. F. No. V/11013/2/2016-CSR-I and the consequent Notification thereof; and

b. issue a writ, order or any other appropriate writs, orders quashing the recommendation of the Respondent, recommending imposition of Presidents’ Rule in the State of Uttarakhand; and

c. issue a writ or any other appropriate writs, orders or direction directing the Respondent to furnish the records pertaining to the recommendation of the Respondent contained in its Report/material, which has culminated in the meeting of the Union Cabinet on 26th/27th March, 2016, recommending imposition of Presidents’ Rule in the State of Uttarakhand and Proclamation dated 27.03.2016 and the consequent Notification imposing President’s Rule in the State of Uttarakhand; and

d. issue a writ or any other appropriate order or direction restoring the Government of the Indian National Congress headed by Shri Harish Rawat, along with his Council of Ministers, to office and revive and reactivate the 3rd Uttarakhand Legislative Assembly; and

e. issue a writ or any other appropriate order or direction in the declaring all consequential actions/orders passed and laws promulgated during the period of Proclamation and President’s Rule as illegal and void-ab-initio and accordingly quash the same;

f. issue Rule nisi in terms of prayer (a) – (e) above;”

Facts in Brief:

2. Election to the Uttarakhand Legislature, which consists of 70 elected members and one nominated Anglo-Indian member, was held on 30.01.2012. The results were announced on 06.03.2012. The Indian National Congress emerged with 32 seats. The Bhartiya Janata Party (BJP) got 31 seats. Three seats were bagged by the Bahujan Samaj Party (BSP). The Uttarakhand Kranti Dal (P) secured one seat. There were three Independents returned by the electorate. Thereafter, certain bye-elections were held. Resultantly, the position in regard to the membership of the Uttarakhand Legislature in the year 2016 was as follows:

Indian National Congress (INC) : 36

Bhartiya Janta Party (BJP) : 28

Bahujan Samaj Party (BSP) : 2

Uttarakhand Kranti Dal (P) (UKD(P)) : 1

Independents : 3

3. The budget session for the year 2016 commenced on 09.03.2016 with the Governor addressing the House. It is the case of the petitioner that the BJP Government at the Centre had been attempting to overthrow democratically elected Governments belonging to the opposition political parties by unconstitutional means. Reference is made to a recent attempt in this regard in the State of Arunachal Pradesh. There is specific allegation that, in the State of Uttarakhand also, the BJP, through undemocratic machinations and means, conceived to overthrow and topple the State Government. On 18.03.2016, the Appropriation Bill was taken up for consideration. According to the petitioner, the Bill was passed. After the passage of the Bill, 26 MLAs belonging to the BJP and 9 MLAs belonging to the Congress, who are characterized as the rebel MLAs and who had been instigated by the BJP to topple the democratically elected Government, purported to seek a division of vote. The case of the petitioner is that the demand was made after the passage of the Bill. It is the further case of the petitioner that the validity of the passage of a Bill is a matter for the Speaker to decide. Taking this as a pretext, it is the case of the petitioner, a sequence was woven by the BJP to impose President’s Rule in the State. The 26 MLAs belonging to the BJP and the 9 rebel Congress MLAs went to the Raj Bhawan on the same day and submitted a signed joint memorandum on the letter head of the leader of the opposition stating that the Government had been reduced to a minority criticizing the manner in which the vote