New Delhi: In a major setback for the rebel Congress MLAs from Uttarakhand, the Supreme Court today upheld their disqualification and barred them participating in the floor test scheduled for May 10. The apex court, however, will hear the matter on July 12.
The 9 rebel Uttarakhand Congress MLAs approached the apex court challenging Nainital High Court’s order upholding Speaker’s decision to disqualify them.
The verdict is seen by many as an advantage for the sacked Chief Minister Harish Rawat as the floor test will now be held with an effective strength of 62 where the winning side will need 31 MLAs for a majority.
The top court had already made it clear that the voting in floor test will take place tomorrow as directed earlier as it rejected Congress stand that Principal Secretary (Legislative and Par Affairs) is an outsider in the House and Secy (Legislative Assembly) should be made the observer.
Earlier in the day, the Uttarakhand High Court dismissed the petition of nine rebel Congress MLAs challenging their disqualification by the Speaker, a decision the rebels challenged in the Supreme Court immediately.
Dismissing their petition, the single judge bench of Justice UC Dhyani said the petition stands dismissed and asked the MLAs to go back to Speaker Govind Singh Kunjwal seeking a review of his action if they so wished.
All the 9 MLAs were disqualified from the assembly under the anti-defection law but eight of them have challenged the Speaker’s decision in the court.
Moments after the High Court pronounced its order, the MLAs moved the Supreme Court. Counsel for the MLAs CA Sundaram mentioned the matter before Chief Justice of India TS 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.
Uttrakhand had political crisis when 9 Congress legislators including former chief minister Vijay Bahuguna revolted against their own government during a debate on a finance bill on March 18.
