HC rules against floor test in U’khand today

SMA Kazmi & BD Kasniyal

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Tribune News Service

Dehradun, March 30

A Division Bench of the Nainital High Court, comprising Chief Justice KM Joseph and Justice VK Bisht, today kept in abeyance till April 6 a Single Bench’s order of a floor test of the Harish Rawat government in the Uttarakhand Assembly on March 31. 

The Division Bench was hearing a petition filed by the Central government against the order passed by Justice UC Dhyani yesterday. The Single Bench direction came on former Chief Minister Rawat’s petition against imposition of President’s rule, which had also sought a floor test that was ordered by the Governor for March 28. The Centre had imposed President’s rule a day before the floor test in the Assembly.

Justice Dhyani had also given permission to nine rebel Congress legislators to vote with some riders.

The order of the Single Bench was challenged by the Centre, represented by Attorney General Mukul Rohatgi, as well as by Rawat’s counsel, Congress leader Abhishek Manu Singhvi.

Rohtagi challenged the order on the ground that since the state had been placed under President’s rule on March 27, there cannot be a floor test for a state government which stands dismissed. He argued that the Assembly was in suspended animation and questioned as to who would manage the floor test. The judges asked some probing questions about the imposition of President’s rule, to which Rohatgi replied that Article 356 was invoked following a report by the state Governor. 

Abhishek Singhvi argued that the decision to impose President’s rule was hastily taken a day before the floor test. He also prayed against allowing the nine rebel Congress legislators to vote as they stood disqualified. 

After hearing, the Division Bench ordered that Justice Dhyani’s order be kept in abeyance and asked the Centre to file a counter affidavit by April 4 and Rawat’s counsel for a reply by April 6. It fixed April 6 as the next day of hearing. 

Meanwhile, Justice Dhyani dismissed the petition of six rebel legislators questioning their dismissal by the Speaker. He stated that the rebels had been given the right to vote by the court and the matter will be put for hearing after April 1.