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In the Supreme Court of India Civil Appellate Jurisdiction

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In the Supreme Court of India Civil Appellate Jurisdiction IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO. _____OF 2016 (Arising from the Final Judgment dated 21.04.2016 passed by the Hon’ble Uttarakhand High Court at Nainital in Writ Petition (M/S) No. 795/2016) IN THE MATTER OF: UNION OF INDIA …PETITIONER Versus, SH. HARISH CHANDRA SINGH RAWAT & ANR. …RESPONDENTS I.A. No. ____/2016 Application for permission to file Special Leave to Appeal without certified as well as plain copy of the impugned judgment dated 21.04.2016 I.A. No. ____/2016 An Application for permission to file the Lengthy Synopsis and List of Dates. I.A. No. ____/2016 An Application for exemption from filing certified copy of the impugned judgement dated 21.04.2016 PAPER BOOK (FOR INDEX KINDLY SEE INSIDE) ADVOCATE FOR THE PETITIONER: MRS. ANIL KATIYAR Filed On: 22.04.2016 INDEX S.NO. PARTICULARS PAGES 1. Office Report On Limitation -A- 2. Listing Performa A1 - A2 3. Synopsis and List of dates B - 4. Impugned Judgment dated 21.04.2016 passed by the Hon’ble Uttarakhand High Court at Nainital in Writ Petition (M/S) No. 795/2016 (Copy of the impugned judgment has not become available. The letter written by the Assistant Solicitor General, Uttarakhand informing the outcome of the writ petition is being placed with prayer for leave to file the copy of the impugned judgment immediately on its becoming available.) 5. Special Leave Petition with Affidavit 6. APPENDIX i. Article 356 of the Constitution of India ii. Article 212 of the Constitution of India 7. ANNEXURE- P1 Copy of notification of Proclamation dated 27.03.2016 issued by the Hon’ble President of India. 8. ANNEXURE- P2 Copy of the order dt. 29.03.2016 passed by the ld. Single judge of the Hon’ble Uttarakhand High Court in WP No. 795(M/S)/2016. 9. ANNEXURE- P3 Copy of the order dt. 30.03.2016 passed by the ld. Division Bench of the Hon’ble Uttarakhand High Court in Special Appeal No. 64/2016. 10. I.A. ____ / 2016 Application for permission to file Special Leave to Appeal without certified as well as plain copy of the impugned judgment dated 21.04.2016 11. I.A. ____ / 2016 An Application for permission to file the Lengthy Synopsis and List of Dates. 12. I.A. ____ / 2016 An Application for exemption from filing certified copy of the impugned judgement dated 21.04.2016 SYNOPSIS AND LIST OF DATES The present Special Leave Petition is being filed against the impugned judgment dated 21.04.2016 passed by the ld. Division Bench of the Hon'ble Uttarakhand High Court at Nainital in Writ Petition No. 795 (M/S) of 2016 titled as Shri Harish Chandra Singh Rawat Vs. Union of India & Anr. Vide its impugned judgment dated 21.04.2016 [pronounced in open court], the Hon’ble High Court has been pleased to quash the Proclamation dated 27.03.2016 issued under Article 356 of the Constitution – imposing President’s Rule in the State of Uttarakhand. It is humbly submitted that the impugned judgment of the Hon’ble High Court has been pronounced in open Court and a copy thereof has not become available. The petitioner has already applied for a certified copy of the impugned judgment. There is an imminent urgency to challenge the legality and validity of the impugned judgment by filing the present SLP. It is due to the urgency in the present matter and the paucity of time that the present Special Leave Petition is being filed by the Petitioner without annexing a copy of the impugned judgment, which has not become available. The present Special Leave Petition has been filed on the basis of the telephonic conversation and communication received from the counsel for the Union of India, i.e. the Asst. Solicitor General for India at the Hon’ble Uttarakhand High Court at Nainital. A true copy of the letter dated 21.04.2016 sent by the Asst. Solicitor General for India is annexed with this Special Leave Petition. The petitioner craves leave of this Hon’ble Court for permission to file the present Special Leave Petition without the impugned judgment. The petitioner undertakes to place on record the copy of the impugned judgment immediately on its becoming available. It is further submitted that the present SLP is being filed only on the basis of the telephonic conversation and communication dt. 21.04.2016 of the Assistant Solicitor General of India, Uttarakhand and the petitioner further seeks leave of this Hon’ble Court to alter / modify / add / amend the present SLP with additional and further grounds – upon perusing of the impugned judgment passed by the Hon’ble High Court. On that basis, it is submitted that after quashing the Proclamation dt. 27.03.2016, the Hon’ble High Court has been pleased to, inter alia, direct as under:- i. Status quo as on 27.03.2016, i.e. the date when the impugned Presidential proclamation was issued – shall be maintained. ii. Floor test shall be held in the Uttarakhand Vidhan Sabha on 29.04.2016. It is most respectfully submitted that the impugned judgment of the Hon’ble High Court is contrary to the settled principles of law laid down by this Hon’ble Court and the Hon’ble High Courts. The Hon’ble High Court has not remained within the permissible limits of judicial review of Presidential proclamation issued under Article 356 of the Constitution of India – as laid down in various judicial pronouncements of this Hon’ble Court and the Hon’ble High Courts. The impugned judgment, being contrary to the settled principles of law, deserves to be set aside by this Hon’ble Court. LIST OF DATES 30.01.2012: The 3rd General Elections were held for the 70- member Legislative Assembly of the State of Uttrakhand. 6.03.2012: The results of the 3rd General Election for the Legislative Assembly of the State of Uttarakhand were announced on 6.03.2012. The Indian National Congress [INC] emerged as the single largest party with 32 seats in the 70 member Legislative Assembly. The INC formed its government with the help and support of:- i) one (1) MLA from Uttrakhand Kranti Dal, ii) three (3) independent MLAs, and iii) three (3) MLAs from Bahujan Samaj Party (BSP). In the said elections, the main opposition party namely the Bharatiya Janata Party (BJP) got 31 seats. Thereafter, due to vacancies that arose, bye - elections were held in certain constituencies. As on 18.03.2016, the party-wise breakup of seats in the Uttarakhand Legislative Assembly was as follows:- i) 36 members of Indian National Congress (INC) ii) 28 members of Bharatiya Janata Party (BJP) iii) 2 members of Bahujan Samaj Party (BSP) iv) 1 member of Uttarakhand Kranti Dal [P] (UKD [P]) v) 3 independents. 09.03.2016: The Uttarakhand Legislative Assembly had been summoned by the Hon’ble Governor for its Budget Session commencing from 09.03.16. The address by the Hon’ble Governor was delivered at the beginning of the Session on 09.03.16. 18.03.2016 Earlier in the day on 18.03.16, 27 MLAs of the (10.30 a.m. BJP, led by Sh. Ajay Bhatt, Leader of the and 11.10 Opposition, had submitted a representation to the a.m.) Secretariat of the Hon’ble Governor, inter alia, pointing out therein that on the said day the Appropriation Bill 2016-17 was to be presented before the House. Further, with reference to Rule 296 of the Rules of Procedure of the Uttarakhand Assembly, a demand had been made that division of vote should take place on the Appropriation Bill 2016-17. The Hon’ble Governor had been requested to require the Hon’ble Speaker and the House to hold a division of vote on the Appropriation Bill 2016-17, in terms of Rule 296(1) of the Rules of Procedure and Conduct of Business of Uttarakhand Legislative Assembly of 2005. This representation had been received in the office of the Hon’ble Governor at about 10.30 a.m. on 18.03.16. The Hon’ble Governor was not in Dehradun. Sh. Ajay Bhatt, Leader of Opposition had contacted the Hon’ble Governor on phone and informed him of the representation of these 27 MLAs. The Hon’ble Governor had instructed his Secretariat to receive the representation of these 27 MLAs and directing further that the said representation of 27 MLAs asking for division of vote on the Appropriation Bill 2016-17, received in his Secretariat should be forwarded to the Hon’ble Speaker. It was also directed that the audio and video recording of the proceedings of the House should also be obtained from the Hon’ble Speaker. In accordance with the directions of the Hon’ble Governor, the said representation of 27 MLAs of BJP requiring the division of vote on the Appropriation Bill 2016-17 – was forwarded by fax to the Hon’ble Speaker alongwith a letter dated 18.03.16 addressed by the OSD and Secretary to the Hon’ble Governor (total 4 pages), at about 11.10 a.m. on 18.03.16. 18.03.2016 The Hon’ble Governor had arrived at Dehradun at (at around about 1.00 p.m. on 18.03.16 and had been 1.00 p.m.) apprised of the carrying out of his directions in relation to the representation of 27 MLAs of BJP requiring the division of vote on the Appropriation Bill 2016-17, which had been forwarded by fax at about 11.10 a.m.
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