'Governor Not Centre's Agent,' Uttarakhand High Court Tells Government

Nainital: Hearing former Chief Minister Harish Rawat's petition challenging President's Rule in Uttarakhand - imposed last month in controversial circumstances - the state's top judge said today that the Governor "is not an agent of the Centre."

Emergency powers should be used in extraordinary cases,Uttarakhand High CourtChief Justice KM Joseph said and added: "Interference in the state's affairs is not to be seen lightly."

"Can you topple a democratically elected government in its fifth year? It is the Governor who must call the shots. He is not an agent of the Centre. He had taken a call to ask for a floor test," he said.

Earlier this month, the court had rejected the Centre's plea that the hearing be adjourned. The Chief Justice had told the Centre's counsel the court will not issue an order without first hearing the Centre.

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The Centre imposed President's rule on March 27, a day before Harish Rawat was to take a floor test, amid chaos in the assembly after the budget was rejected in the house.  

Defending its decision, the Centre filed an affidavit in court saying the "Constitutional machinery had broken down in the state."

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The central government has submitted eight reports to the court including Governor KK Paul's report to the President. It argued in court that the state budget was never passed in the assembly and Speaker Govind Kunjwal had "misused his powers" by declaring a failed finance bill passed and did not allow voting on the bill despite members asking for it.

The crisis started after a rebellion in the ruling Congress, which had a wafer-thin majority in the 70-member house. Nine rebel lawmakers broke away from the Congress.