Hasty removal of President's rule, 7.50 am swearing-in odd: Mukul Rohatgi


New Delhi, Nov 26 (IANS): Mukul Rohatgi, former Attorney General and presently the lawyer of Maharashtra Chief Minister Devendra Fadnavis, has termed the 7.50 a.m. swearing-in of Fadnavis and Ajit Pawar and the haste with which President's rule was revoked in the state as "odd".

In an interview with Karan Thapar on the political situation in Maharashtra, Rohatgi answered a range of questions on major constitutional and legal issues arising out of this crisis, as well matters to do with propriety.

Questioned closely about Governor B.S. Koshyari's failure to take into account the fact that five hours before Ajit Pawar claimed that NCP was supporting Fadnavis, Sharad Pawar had publicly announced the party's support for Udhav Thackeray, Rohatgi said the Governor is not required to go by what's said on television or the papers, but only by what is presented to him by the legislative party leader of the NCP.

When it was pointed out that as a result the Governor knowingly allowed himself to be misled by Ajit Pawar, Rohatgi responded by saying the Governor has no mechanism to verify for himself nor is it his job to do so.

The Governor went by signed letters of support given by Ajit Pawar and that was sufficient ground for believing the NCP was supporting Devendra Fadnavis.

On the issue of the haste with which President's rule was revoked (at 2.10 am) and the new government was sworn in (7.50 a.m.) on Saturday, Rohatgi initially said this was because (a) President's rule is an anathema to the Constitution and (b) because the Governor had been waiting since October 24 for a government to be formed and when finally one emerged, he believed it was important to bring it into existence as soon as possible.

However, later Rohatgi readily accepted that the speed with which President's rule was revoked and the 7.50 am swearing-in was "odd".

Rohatgi was also questioned about Prime Minister Narendra Modi's decision to accept the Governor's advice on revoking President's rule at 2.10 a.m., and the fact that he did so without the Cabinet's approval by using Rule 12 of The Transaction of Business Rules to justify the move even though the guidelines clearly state that it should only be used in cases of "extreme urgency and unforeseen contingency".

On all these issues, Rohatgi strongly defended the Prime Minsiter.

Rohatgi was also questioned about the President's role in the matter. Although he strongly defended President Ram Nath Kovind, he did say that concerns about whether the President should have raised questions about the haste and timing of revocation of President's rule, lack of Cabinet approval and use of Rule 12 were very small matters.

Finally, Rohatgi said a majority of the NCP MLAs had the power to remove Ajit Pawar as legislative party leader and elect Jayant Patil in his place, but added that this would be contested when the Assembly meets and ultimately the outcome is likely to depend on how 54 NCP MLAs vote on the confidence motion.

However, Rohatgi accepted that it was possible that if the 54 MLAs vote with Ajit Pawar in favour of Devendra Fadnavis, they could (under his interpretation of the anti-defection law) end up losing their own seats.

  

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Comment on this article

  • Satya, Mangalore

    Tue, Nov 26 2019

    Slowly it is dawning upon every citizen the actual NEW INDIA the Prime Minister was promising the nation.

    It is amply clear what he meant was destroying our constitution and imposing a fascist state without checks and balances.

    In the stealth of the night like thieves on the prowl, the constitution is abused, night is claimed to be day and day is claimed to be night and the band of brain washed bhakts blindly accept this nonsense as if nothing is wrong.

    The Prime Minister said he would wipe out corruption and now we all know how he goes about doing it.

    His party threatens all those accused of corruption with jail and forces them to either join their party or accept his rules, and once they do so, all their cases are withdrawn.

    Babush Monseratte the serial back stabber was accused of rape and the CM of Goa promised that he would be thrown in jail, but now he is in the BJP, his relative is a minister and all his sins are forgotten.

    Ajit Pawar was supposed to be chakki peesing peesing and peesing according to Fadnavis, but now all his corruption is forgotten.

    This is the sad state of affairs today.

    DisAgree [2] Agree [11] Reply Report Abuse

  • abdul munim, mangaluru

    Tue, Nov 26 2019

    Everything in the country is sold..no justice..fascism in full show by Changu and Mangu.

    We will still vote Modi (carstreet Bhakts)

    DisAgree [4] Agree [18] Reply Report Abuse

  • JWL, KSA, M'lore

    Tue, Nov 26 2019

    Our President always on his toes and having sleepless nights may be because of Modi and Tadipar.

    He never know when call will will come to him in 24 hours and same happened on that night too. At 2.10 a.m midnight he signed to revoking President rule???!!!!!

    DisAgree [1] Agree [13] Reply Report Abuse

  • nazeer husain, kuwait

    Tue, Nov 26 2019

    When prime minister ,president, governors all came sanghi rss background then its normally their matches be fixed at any time like midnight or early morning. SAB BIK CHUKAA HAI BHAI. JO NAYEE BIKA WO NAYEE RAHEGA MODI KE HUKUMATH MAIN

    DisAgree [2] Agree [13] Reply Report Abuse

  • Vishal, Mangalore

    Tue, Nov 26 2019

    Nothing is odd Sir. When you have the whole mechanism under your beck and call, such things are inevitable. I am talking about the CBI, ED, Income tax department, the judiciary, the governors and the President himself. The whole country is dancing to the tunes of two people. And there is nobody with the audacity and gumption to question this wretched mechanism. That is odd.

    DisAgree [3] Agree [20] Reply Report Abuse

  • HENRY MISQUITH, India

    Tue, Nov 26 2019

    First time in the history of world..

    DisAgree [3] Agree [16] Reply Report Abuse

  • j.anata, Mangaluru / Bengaluru

    Tue, Nov 26 2019

    Welcome Henry to India!
    Note that there is no bigger democracy in World than us, so if it happens, it only happens here, so there

    DisAgree [4] Agree [2] Reply Report Abuse


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Title: Hasty removal of President's rule, 7.50 am swearing-in odd: Mukul Rohatgi



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