New Delhi : A suspense was added to the political drama unfolding in the hill state of Uttarakhand under the President”s rule since March as the High Court in Nainital on Saturday reserved its judgment for Monday on the fate of nine disqualified Congress rebel MLAs.
The judgment is to come just a day before the state assembly meets for the floor test ordered by the Supreme Court on Friday to ascertain if ousted Congress chief minister Harish Rawat enjoys a majority in the House, making return of the Congress to power once again uncertain.
Rawat is all certain to sail through if the disqualification is upheld as he enjoys support of 33 MLAs (27 Congress + 6 others) in the reduced House of 62 since after the rebels” disqualification, but not so if the rebels win and vote with 28 BJP MLAs to defeat his motion for vote of confidence as together they will total up to 37 in a House of 71.
HC reserves judgement for Monday on fate of 9 disqualified Cong rebel MLAs
In case their disqualification is quashed, the Congress plans to extend to them a whip being issued to all its MLAs to be present in the House and vote for Rawat as it can then invoke the anti-defection law for any defiance.
It was these rebels” revolt in March on the day of consideration of the budget in the Assembly that Rawat had come into a minority until the Assembly Speaker disqualified all of them under the anti-defection law as spelled out in Schedule 10 of the Constitution.
The Governor wanted Rawat to prove his majority on the floor of the House on March 28, but the Centre put the state under the President”s rule and the Assembly under suspended animation a day earlier. Both sides are since engaged in the legal battle in courts.
If the rebels” disqualification is struck down on Monday at 10.15 AM when the single judge Bench of Justice U C Dhyani promised to pronounce the judgment after concluding three hours of last day of hearing in Nainital on Saturday, they are bound to insist on participating in the floor test on Tuesday. Their revolt was basically against Rawat and as such they are bound to vote against him and that means a doom for him.
On Friday, the Supreme Court had refused to allow them to participate in the floor test as they were no longer the MLAs, rejecting their lawyer”s plea to at least allow them to vote, not counting their votes “as long as the disqualification remains.” The Apex Court, however, recorded that its observation shall not prejudice their case before the High Court.
Their lawyer, however, will have to rush to the Supreme Court to pray for amending its Friday order to remove the bar on their participation in the floor test, if their disqualification is quashed. There may be also a counter move either before the Supreme Court or a larger Bench of the High Court in Nainital itself to seek stay on any order quashing the disqualification. The Supreme Court may have to postpone the floor test it has ordered if either party knocks at its door.
