Floor test in U’khand to be held on May 10: SC

Floor test in U’khand to be held on May 10: SC

PTIUpdated: Friday, May 31, 2019, 03:41 PM IST
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New Delhi: The Supreme Court today ordered a floor test in Uttarakhand Assembly on May 10 when sacked Chief Minister Harish Rawat will seek a vote of confidence during which the nine disqualified Congress MLAs may be able to vote if the High Court permits them.

In a significant order detailing the modalities of the floor test to be conducted on Tuesday between 11 AM and 1 PM for the single agenda, the court directed that the nine rebel Congress MLAs, who have challenged their disqualification by the Speaker in the High Court, will not participate in the floor test “if they have the same status” at the time of vote of confidence.

Incidentally, the petition of the disqualified MLAs will come up tomorrow before the Uttarakhand High Court. If these MLAs are allowed to vote, Rawat’s fate in the 70-member Assembly may be sealed.

The apex court directed that the entire proceedings of two hours shall be videographed under the supervision of the Principal Secretary of the Legislative Assembly. A bench comprising Justices Dipak Misra and Shiva Kirti Singh ordered that during the two hours when the voting will take place on the vote of confidence, the President’s rule will be put in abeyance and the Governor shall be in-charge of the state.

The top court directed that the Principal Secretary of the Legislative Assembly shall place before it on May 11 in a sealed cover all the documents including the result and video of the entire proceedings.

The apex court directed the Chief Secretary and DGP of Uttarakhand “to see that all qualified members participate and attend the proceedings safely and no hindrance is caused by anyone by anybody”.

The court refused to allow any outsider like a former chief election commissioner as suggested by Attorney General Mukul Rohatgi as an observer for the floor test.

While finalising the modalities for holding the floor test, the bench made it clear that except for the said agenda of vote of confidence motion for Rawat, nothing else shall be discussed in the Assembly.

It also expressed confidence that the proceedings shall be absolutely peaceful and without any disturbance.

The bench said that all officials of Assembly shall follow in letter and spirit the procedure and any kind of deviation shall be viewed seriously. It asked Additional Solicitor General Maninder Singh, appearing for Uttarakhand, to immediately convey the order of the court to the Chief Secretary and DGP.

In the order, the bench said the Assembly session shall convene at 11 AM for the single agenda and shall be over by 1 PM.

The bench said “the House shall divide and those in favour of motion will sit one way/ side and those against motion will on other way/ side”.

“The Principal Secretary, Legislative Assembly, (an official of rank of district judge) shall see that the voting is peaceful and recorded,” the bench said, adding “members voting in favour of motion shall singularly vote and raise hand one by one and that will be counted by Principal Secretary, Legislative Assembly”.

“Similar procedure shall be adopted while members voting against the motion,” it said.

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