New Delhi: The Supreme Court upheld on Monday the disqualification of nine rebels Congress MLAs from Uttarakhand and barred them from participating in a trust vote in the state assembly on May 10.
New Delhi: In a major development the Supreme Court on Monday gave no relief to nine disqualified rebel Congress MLAs and barred them from voting in the floor test in the Uttarakhand Assembly due on Tuesday.
The apex court, while maintaining that disqualified MLAs won't be allowed to participate in the floor test due on Tuesday, also posted the matter for next hearing on July 12.
The Supreme Court had this morning agreed to hear a plea by nine disqualified Uttarakhand MLAs who had challenged their disbarment from the State Assembly.
The MLAs moved the Supreme Court after the Uttarakhand High Court dismissed a similar plea from them earlier in the day. Minutes after the high court pronounced its order, the MLAs moved the Supreme Court.
Dismissing the petition, the single judge High Court bench of Justice UC Dhyani advised the MLAs to go back to state Assembly Speaker Govind Singh Kunjwal and request a review of his action if they so wished.
The judgement by the high court was seen as a blow for the BJP as it would have made its task difficult in the confidence vote that will be sought on Tuesday by former chief minister Harish Rawat.
If the nine MLAs remain disqualified after the SC's ruling, the BJP will be left with only 28 MLAs, including Bhim Lal Arya whose loyalty to the party is reportedly in doubt. Although suspended by the BJP, Arya continues to represent it in the House.
In addition, if the nine MLAs remain disqualified, it may give Rawat an advantage in the floor test which will now be held in the Assembly with an effective strength of 62. To win a majority, 31 MLAs are required.
The Supreme Court had on Friday ordered that a floor test be conducted in the Uttarakhand Assembly on May 10.
Rawat was chief minister of Uttarakhand till the BJP-led Centre imposed President's Rule in the state on March 27.
Here are the highlights of the day's events related to political battle in Uttarakhand:4:30pm:- Nine disqualified Uttarakhand Congress MLAs won’t participate in the floor test in assembly On Tuesday, the Supreme Court refuses to allow them to cast vote.
3:10 pm:- Uttarakhand high court issues notice to BJP rebel MLA Bhim Lal Arya, next hearing is on May 16.
3:00 pm:-Congress leader Ambika Soni, on high court order, said, “I think Uttarakhand high court’s order is right and the Supreme Court will also declare its order.
1:55 pm:- The Supreme Court says it will pronounce its order at 4 pm on petition of 9 disqualified Uttarakhand MLAs who have challenged decision of high court.
1:45 pm:- The SC says voting in floor test in Uttarakhand Assembly shall take place tomorrow (Tuesday) as directed.
- The apex court rejects Congress’ stand that principal secy (legislative and parliamentary affairs) is an outsider in the House.
1:30pm:- Hearing on 9 disqualified Uttarakhand MLAs plea begins in Supreme Court.
1:20pm- The Supreme Court appointed principal secretary (legislative assembly & parliamentary affairs) Jaidev Singh to oversee floor test proceedings in Uttarakhand on Tuesday.
12:30pm:- Mobile phones prohibited in Uttarakhand Assembly, Sec 144 imposed from 4 PM today in Dehradun.
11:30am:- Harish Rawat, on sting row, said, “If Kailash Vijayvargiya, Amit Shah and Shyam Jaju, the people who were involved in horse-trading, are ready for narco test, I will also present myself as first volunteer for the same.
- “I’m confident the people who stood with me in time of crisis, stood with Congress in last 4 years, will support Congress.”
11:15am:- Harish Rawat, on HC order, said, “We are grateful to Uttarakhand high court and welcome the order. Justice has been done with us today, I’m confident justice will be done with us tomorrow (Tuesday) and in future.
- Harish Rawat, on CBI summon, said, “I have requested CBI for some time and I am hope that they will understand the situation and grant me the same.”
HC order on rebel MLAs: What it meansThe judgement will make the BJP’s task difficult in the confidence vote to be sought by Rawat on Tuesday as it will be left with only 28 MLAs including Bhim Lal Arya whose loyalty to the party is in doubt. Though suspended by the BJP Arya continues to represent the party in the House.
It may give Rawat an advantage in the floor test which will now be held in the Assembly with an effective strength of 62 in which the winning side will need 31 MLAs for a majority.
11:00am:- Centre demands that principal secretary legislative & parliamentary affairs be made observer for floor test proceedings in Uttarakhand assembly.
10:55am:- Centre moves Supreme Court seeking modification of its earlier order.
- Venkaiah Naidu said, “Now the new method is you disqualify the dissenter & then hold floor test. What is this ‘tamasha? It is a joke of democracy”
- Venkaiah Naidu said, “What is happening in Uttarakhand is ‘naya loktantra’ followed by ‘kutantra’ of the Congress party.
- Vijay Bahuguna, rebel Congress MLA, said, “There will be debate in Supreme Court at 2pm today. Let’s see what the decision will be.”
10:30am:- Nine rebel Congress MLAs on Monday approached Supreme Court for urgent hearing against Uttarakhand high court’s order dismissing their plea which challenged their disqualification.
- The apex court likely to hear the plea of the rebel Congress MLAs in afternoon today.
- Eight rebel Congress legislators who had challenged their disqualification, said they will fight till they get justice.
- Shailendra Mohan Singhal, one of the rebel MLA, said, “We honour high court’s decision but we will mull all the available options till we get justice”.
- Congress president Kishor Upadhyay said he is sure that Congress will win the trust vote on the floor of the House on Tuesday.
10:20am:- BJP’s Madan Kaushik files a writ in Uttarakhand HC for the disqualification of BJP rebel MLA Bhim Lal Arya.
The Uttarakhand High Court on Monday dismissed the petition of nine rebel legislators who had challenged their disqualification from the assembly for alleged anti-party activities, a day before the trust vote.
The single bench of Justice U C Dhyani announced in the court that he has dismissed the petition by rebels and a detailed order is expected soon. The option before the rebels is to move the division bench of the high court challenging the single bench order.
The disqualification of the rebel MLAs has brought down the House strength to 61, paving the way for the 27-member Congress to win the May 10 trust vote if it garners the backing of six outside MLAs.
While ordering that the floor test be conducted on Tuesday, the Supreme Court had stated that the rebel MLAs cannot participate in the voting if they continued to remain disqualified at the time of the voting.
In the 70-member assembly, the BJP currently has 28 MLAs, the Congress has 27, and the BSP has two. Besides this, there are three Independent MLAs, one belonging to the Uttarakhand Kranti Dal (P), and nine Congress rebels.
The Harish Rawat government in Uttarakhand was reduced to a minority on March 18, after nine rebel Congress MLAs sided with the BJP on the Appropriation Bill. The Centre used the opportunity to impose President’s rule in the state, an action that drew widespread criticism from opposition parties.
