Will decide on Uttarakhand floor test in 2 days: Centre to SC

R Sedhuraman

Legal Correspondent

New Delhi, May 4

The Centre today said it was “seriously considering” the Supreme Court’s suggestion for a floor test in Uttarakhand and would take a decision within two days to resolve the political crisis.

Accepting the plea, a Bench comprising Justices Dipak Misra and SK Singh asked Attorney General Mukul Rohatgi to come back with the Centre’s stand at 10.30 am on May 6.

The Bench said it would direct ousted Congress chief minister Harish Rawat to prove his majority in the Assembly if the Centre accepted the floor test proposal. If the Centre rejected the suggestion, it would hear arguments on the Centre’s plea for upholding President’s rule imposed in the state on March 27.

The Centre has come to the SC, challenging the Uttarakhand High Court verdict quashing the President’s Rule. The SC has already stayed the HC order, besides restraining the Centre from making any attempt to install a BJP government in the state.

Yesterday, the Bench had asked the Centre to take a stand on the floor test within a day, but Rohatgi today sought further time for the purpose.

Rohatgi pleaded that in the event of the Centre accepting the court’s proposal, the Bench should ask both the Congress and the BJP to demonstrate their respective strength instead of directing Rawat to prove his majority.

Appearing for Rawat, senior advocates Kapil Sibal and Abhishekh Singhvi pleaded that it would not be proper to ask someone who had never been Chief Minister to prove his majority. The right way was to ask Rawat to take a vote of confidence.

The Bench clarified that it would not restore status quo ante and thereby make Rawat the CM before the confidence vote in the Assembly. If the Centre did not favour floor test, the Bench said it would hear arguments on the need for sending the appeal to a Constitution Bench.

In case there was a floor test, it would be held on the lines of the drill adopted in Jharkhand to resolve a similar crisis, the Bench said. This meant that the confidence vote would be held under the supervision of the apex court.

While quashing the Central rule, the HC had directed Rawat to prove his majority in the House on April 29 but this did not materialise due to the SC stay.

The apex court has already clarified that it would deliver its verdict before May 13, its last working day before the summer holidays.

The Centre has sought to justify its intervention, maintaining that the Rawat government had lost majority which was evident from the Speaker’s refusal to put a money Bill to vote. It was also intended to prevent horse trading by Rawat who was shown in a sting operation offering money to rebel Congress MLAs to bring them back into the party-fold.

On the other hand, Rawat has questioned the Centre’s right to decide his party’s strength and the authenticity of the sting operation.