SC orders floor test in Uttarakhand on May 10

R Sedhuraman

Legal Correspondent

New Delhi, May 6 

The Supreme Court on Friday directed ousted Congress Chief Minister Harish Rawat to take a vote of confidence in the 70-member Uttarakhand Assembly at a special session on May 10 to end the political crisis in that state.

A Bench comprising Justices Dipak Misra and Shiva Kirti Singh clarified that the nine disqualified rebel Congress MLAs would not be allowed to attend the session and vote unless the state high court restored their membership of the House before that. The nine MLAs have challenged their disqualification by the Speaker in the high court.

The Bench said the President’s rule, imposed in the state on March 27, would remain in abeyance for 150 minutes (1030 hrs to 1300 hrs) to enable the Assembly to meet from 1100 hrs to 1300 hrs only for the purpose of the floor test. However, even during this period the state administration would be under the Governor, not Rawat, it clarified.

The apex court said once Rawat moved his motion for vote of confidence in the Assembly, the MLAs supporting him would gather on one side of the House while those opposed to the motion would go to the other side. The strength of each side would be ascertained by asking the MLAs to raise their hands one after the other and having it recorded.

The Principal Secretary of the Assembly would have to the proceedings video-graphed and documented and submit it to the apex court Bench the next day. The Supreme Court expressed the hope that the proceedings would be “absolutely peaceful “ and all those concerned with the affairs of the Assembly would follow its order in letter and spirit as any kind of deviation would be taken seriously.

As the Bench took up the case at 1200 hrs, Attorney-General Mukul Rohatgi said the Centre was ready to “go along” with the court’s suggestion for a floor test. Appearing for Rawat, senior advocates Kapil Sibal, Abhishekh Singhvi and Rajeev Dhavan said their client was also ready to face the Assembly.

Appearing for the nine disqualified MLAs, senior advocate Aryaman Sundaram pleaded for letting them to cast their votes which could be taken into account, subject to the high court restoring their membership.

Rawat’s counsel contended that the nine seats had fallen vacant following their disqualification and as such there was no question of letting them vote. If at all they ultimately won the court case and got back their status as MLAs, they would be free to move a vote of no confidence, they pleaded.

The apex court directed the Chief Secretary and the Director-General of Police to ensure that the MLAs were able to reach the Assembly without any problem.

The Centre had imposed President’s rule, maintaining that Rawat had lost majority following the revolt by the nine dissident Congress MLAs and this was evident from the fact that the Speaker refused to allow division on a money Bill. The move was also aimed at preventing horse trading by Rawat who was shown in a sting operation offering money to the dissidents.