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Governor for President's rule in UP

TimePublished on Sat, Feb 17, 2007 at 11:23, Updated on Wed, Jun 20, 2007 at 03:58 in section

NOT CONFIDENT THIS TIME: Mulayam proved his government’s majority in the UP Assembly on Jan 25.

NOT CONFIDENT THIS TIME: Mulayam proved his government’s majority in the UP Assembly on Jan 25.


BREAKUP OF THE OUTGOING UTTAR PRADESH ASSEMBLY.

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New Delhi: There is a crisis brewing in Uttar Pradesh ahead of the Assembly polls in the state.

Sources have told CNN-IBN that UP Governor T V Rajeshwar has written to the Centre saying that the Mulayam Singh government has lost the moral right to stay in power.

He has asked for the Centre to impose Article 356 - President's rule - in the state.

Rajeshwar might travel to Delhi on Saturday to meet with the President and Home Ministry officials and ask for President's rule in the state. The Union Cabinet will meet on Saturday evening to discuss Uttar Pradesh.

The CPI-M, a firm opponent of Article 356, has firmly rejected the Congress' proposal that UP be put under President's rule but its partner in the state, the Jan Morcha, is keen on getting Mulayam removed. The Left will discuss the issue at a Politburo meet on Saturday.

The Jan Morcha has always been openly critical of Mulayam and claims free and fair Assembly elections are not possible under his rule.

The Congress too is in a bit of a bind now. If the Congress takes a decision to go with President's rule in the state, it will be going with the opposition BJP and Mayawati's BSP, whereas it will be going against the Left.

The pressure is mounting from all ends on the Mulayam Singh government. CNN-IBN has learnt that with the disqualification of 13 BSP MLAs who had defected over to Mulayam's Samajwadi Party, the Chief Minister has begun legal consultations to look into the possibility of stepping down.

Mulayam proved his government’s majority in a confidence motion in the UP Assembly on January 25. The House will meet again on February 26 for another confidence vote.

However, despite the pressure, Mulayam is defiant.

Mulayam, who was at a rally in Uttarakhand, said, "If the Centre wants to dismiss my government, it may. However, I will not resign."

GOVERNOR'S REPORT

bullet The UP Governor, T V Rajeshwar, has sent a report to the Home Ministry recommending President's rule in the state.

bullet The report, which is in CNN-IBN's possession states: There is a Constitutional crisis in the state after the Supreme Court disqualified 13 MLAs who had switched sides from the Mayawati's Bahujan Samaj Party (BSP) to Mulayam's Samajwadi Party (SP). A question mark is hanging on the fate of the other 24 who had also moved from the BSP to the SP.

bullet The report says the incumbent government has lost the moral and legal right to continue in office in light of these developments. The report also says that political parties across the state have submitted a memorandum expressing their disillusionment with Mulayam Singh Yadav.

BOMMAI JUDGMENT

bullet The Bommai judgment of May 1994 could make it difficult for the UPA Government to impose President's rule in UP. Delivered by the Supreme Court, the judgement defined the use of Article 356 and imposition of President's rule.

bullet The judgement said: "Whenever a doubt arises whether the Council of Ministers has lost the confidence of the House, the only way of testing it is on the floor of the House. The sole exception to this will be a situation of all-pervasive violence where the Governor comes to the conclusion and records the same in his report that for the reasons mentioned by him, a free vote is not possible."

bullet The Bommai judgement sanctioned dismissal of a state government only under the most extreme circumstances.

(With inputs from Abhishek Patni in Lucknow and Smitha Nair in New Delhi)

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