New Delhi : Advantage Congress. The Supreme Court on Friday ordered a videographed floor test in the Uttarakhand Assembly on Tuesday under its monitoring to ascertain whether its ousted Chief Minister Harish Rawat indeed commands majority in the House.
Rawat is bound to win as the Court ruled that nine Congress MLAs disqualified by the Speaker would not be allowed to participate in the floor test. A day before the voting, he, however, faces prospects of arrest as the CBI has summoned him to its Delhi office for interrogation on a CD implicating him in bribing the MLAs to win an earlier floor test ordered by the Governor in March.
The voting shall be between 10.30 am and 1 pm by show of hands to be counted by the Principal Secretary of the Legislative Assembly and the results are to be placed before the Court in a sealed cover on Wednesday at 11 am, along with the records of the proceedings.
Without ruling on the Centre”s petition challenging the Uttarakhand High Court quashing imposition of President”s rule on March 27, the Bench of Dipak Misra and Shiva Kirti Singh said the President”s rule shall remain suspended during the voting period, but the Governor shall remain in charge of the State during that time.
Sensing that the Court may too strike down President”s rule upholding the High Court ruling, the Centre yielded to the Court”s suggestion to let Rawat take a vote of confidence to establish he continues to have the majority. The Court had indicated to Attorney General Mukul Rohatgi in the previous hearing that it was “seriously considering” a floor test to settle the matter.
Rohatgi”s request for the appointment of an observer, preferably a retired chief election commissioner, was denied by the court. The Bench said the principal secretary of the legislative assembly will oversee the proceedings in the assembly, which on May 10 will restrict itself to a one-point agenda – to vote on the motion of confidence to be moved by Rawat.
The Court order is silent on the Speaker presiding over the seating as his role has been assigned to the principal secretary of the Assembly.
The Court also ruled that members inclined to favour the motion be seated on one side and those against on the other to avoid any confusion. This would be followed by a vote by the members through a show of hands to be counted by the principal secretary. Further, the Court has asked the Chief Secretary and the DGP of Uttarakhand to ensure that all qualified members are able to attend the Assembly on May 10 and no hindrance is caused to anyone to appear.
