The Nainital High Court on Tuesday allowed the Congress government in Uttarakhand to take a floor test in the state assembly on March 31 to prove it has a majority, reported ANI. The nine rebel Congress legislators, who have been suspended, can also take part in the process, the court said. The results of the floor test will be kept in a closed envelope till it is presented in court on April 1. The Centre will challenge the court verdict, ANI quoted its sources as saying. The Congress is also likely to challenge the voting rights given to the rebel legislators by the court.
This comes a day after Congress leaders Kapil Sibal and Abhishek Manu Singhvi moved the High Court against the President’s Rule that was imposed in Uttarakhand the day before. The Centre's decision, following a Union Cabinet meeting, meant that the floor test, which was originally scheduled to be held on Monday, March 28, did not take place.
Manu Singhvi, the legal counsel for the Uttarakhand government, said on Tuesday that mere allegations of horse-trading cannot justify the imposition of President's Rule and stop a floor test, reported PTI. He added that the votes of the nine MLAs who were disqualified by the Assembly Speaker will be kept separately for identification.
On Sunday, President Pranab Mukherjee had signed the proclamation under Article 356 of the Constitution, dismissing the Harish Rawat-headed Congress government and placing the Assembly under suspended animation on the recommendation of the Union Cabinet. According to PTI, the Cabinet considered several reports received from Uttarakhand Governor KK Paul, who had described the political situation as volatile.
The political crisis in the state arose on March 17 after the Appropriation Bill was declared passed in the Assembly by Speaker Govind Singh Kunjwal, with the Bharatiya Janata Party and the nine rebel Congress MLAs claiming that a division of votes pressed by them was not allowed. They alleged that the Bill was defeated in the voice vote by a majority of the members present, but the Speaker did not test it in a proper division of votes.
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