The Uttarakhand High Court today dismissed the petition of nine Congress MLAs against their disqualification. The decision bar them from participating in the confidence vote proceedings in the Assembly tomorrow.
Justice U C Dhyani pronounced his order on the petition challenging Speaker Govind Singh Kunjwal’s decision disqualifying them after they joined hands with the BJP during proceedings on the Appropriation Bill on March 18.
The Court also asked counsel for MLAs to approach the bench which had ordered floor test; to be heard at 2 pm.
Today’s order of the high court ensures that their disqualification stays and will keep the rebel MLAs out of the proceedings during the confidence vote for Rawat in the Assembly tomorrow ordered by the Supreme Court last week.
A specially convened two-hour-long session during which the President’s Rule will be kept in abeyance will be held between 11 AM and 1 PM for a “single agenda” of floor test, a Supreme Court bench of Justices Dipak Misra and Shiva Kirti Singh had said.
The proceedings were directed to be “video-graphed” by the apex court which said the confidence vote will take place by division under the watch of the Principal Secretary, Legislative Assembly.
It said the result of the voting shall be placed before it at 10:30 AM on May 11, 2016, in a sealed cover by the Principal Secretary, Legislative Assembly who will come with the documents in a sealed cover and the video recording of the proceedings.
At present, in the 70-member assembly, BJP has 28 MLAs, Congress has 27, BSP has 02, while there are three independent MLAs and one belongs to Uttarakhand Kranti Dal (P) lawmaker. Nine Congress MLAs are disqualified and one is a BJP rebel.
Meanwhile, the Supreme Court will hear today the petition of the nine Congress MLAs who have challenged the decision of the Uttarakhand High Court which has dismissed their petition against their disqualification by Assembly Speaker.
Moments after Justice U C Dhyani of the High Court pronounced his order on the petition challenging Speaker Govind Singh Kunjwal’s decision disqualifying them, the MLAs moved the Supreme Court.
Counsel for the MLAs C A Sundaram mentioned the matter before Chief Justice of India T S Thakur about the high court verdict that had come earlier in the day.
The CJI asked the counsel to approach the bench which had on Friday ordered the floor test.
The fresh petition will be heard at 2 PM.
The Centre today moved the Supreme Court seeking modification of its order on the issue of floor test in the Uttarakhand Assembly, saying the official concerned has refused to act as observer on the ground that a clarification is needed on his designation.
Attorney General Mukul Rohatgi mentioned the matter before a bench comprising justices Dipak Misra and Shiva Kirti Singh while submitting that its May 6 order had mentioned the designation of the official as Principal Secretary(Legislative Assembly) which needs to be corrected to Principal Secretary (Legislative and Parliamentary Affairs).
The AG told the bench that the official concerned, who is of the rank of district judge, has written to the Centre that he would not act as observer unless a clarification comes from the apex court.
Senior advocates Abhishek Manusinghvi and Kapil Sibal, appearing for sacked Chief Minister Harish Rawat, opposed the plea of the Centre on the ground that the Principal Secretary (Legislative and Parliamentary Affairs) is an non-cadre post and no outsider can be allowed to participate in the proceedings of the House.
Sibal said the post of Principal Secretary (Legislative and Parliamentary Affairs) comes under the state government.