NEW DELHI, May 6: The Supreme Court today ordered a floor test on May 10 in the Uttarakhand Assembly when sacked Chief Minister Harish Rawat will seek a vote of confidence in which the nine rebel Congress MLAs cannot participate if they continue to remain disqualified at the time of voting.
A specially convened two-hour-long session during which the President’s Rule will be kept in abeyance will be held between 11 AM and 1 PM for a “single agenda” of floor test, a bench of Justices Dipak Misra and Shiva Kirti Singh said.
The Bench took a decision to keep away the rebel Congress MLAs from participating in the floor test by observing that “if they (disqualified MLAs) have the same status” at the time of vote of confidence, they cannot participate in the House.
Significantly, the MLAs’ plea against the disqualification is pending before the Uttarakhand High Court which is likely to hear the matter tomorrow.
The apex court said, “However, our observation in praesenti will not cause any kind of prejudice to the merits of the case of disqualified Members of Legislative Assembly, which is sub-judice before the High Court.”
This probably leaves scope for the MLAs to participate if the High Court gives some relief to them.
The bench made these observations after recording the submission of senior advoate C A Sundaram, appearing for the disqualified MLAs.
“His (Sundaram) submission is that the disqualified Members should be allowed to vote, though their votes may not be counted as long as the disqualification remains. This Court cannot direct them to participate in the Assembly. We say no more on this score,” the bench said.
The proceedings were directed to be “video-graphed” by the apex court which said the confidence vote will take place by division under the watch of the Principal Secretary, Legislative Assembly.
The top court said before the floor test will be initiated, the President rule will be kept in abeyance from 10:30 AM to 0100 PM and during that period the Governor shall remain in-charge of the State.
It said the result of the voting shall be placed before it at 10:30 AM on May 11, 2016, in a sealed cover by the Principal Secretary, Legislative Assembly who will come with the documents in a sealed cover and the video recording of the proceedings.
At present, in the 70-member assembly, BJP has 28 MLAs, Congress has 27, BSP has 02, while there are three independent MLAs and one belongs to Uttarakhand Kranti Dal (P) lawmaker.
Nine rebel Congress MLAs have been disqualified by the Speaker. One BJP MLA, B L Arya defied the party whip and voted with the Government on the Appropriation Bill on March 18.
While passing the order, the bench noted the submission of Attorney General Mukul Rohatgi that the Centre has no objection to have a floor test of the Assembly.
“Counsel appearing for both the sides have debated over the suggestions that have been given by the Court, as well as by each other, sometimes with appreciable amity and sometimes with some cavil, but, eventually, there has been an agreement,” the bench observed.
Taking on record the submission of the Attorney General, the bench said “we state it with uninhibited appreciation at our command that the floor test should be conducted under the supervision of this Court.”
The Attorney General and senior advocates Kapil Sibal, Abhishek Manu Singhvi and Rajeev Dhawan, appearing for Rawat, had agreed on 12-point modalities for holding the floor test.
The Congress had differed with Rohatigi’s suggestion that the confidence vote be conducted by appointing an observer, who could be a retired Chief Election Commissioner or a retired judge as it would compromise the autonomy of the House.
The bench noted that the agreed position which emerged after quite a long debate was that a special session of Uttarakhand Legislative Assembly be summoned/convened on May 10, 2016, commencing 11.00 a.M and the only agenda in the Assembly would be the vote of confidence sought by Rawat.
“Apart from the said agenda, nothing else shall be discussed in the Assembly,” and “the proceedings in the Assembly are expected to be absolutely peaceful and without any disturbance.”
“This Court expects that all the Members and all concerned with the affairs of the Assembly shall abide by the same in letter and spirit,” the bench said.
It directed that the Chief Secretary and the Director General of Police, Uttarakhand, shall see that all the qualified Members of the Legislative Assembly, freely, safely and securely attend the Assembly and no interference or hindrance is caused by anyone therein.
It asked Additional Solicitor General Maninder Singh, assisted by advocate Gaurav Sharma, appearing for Uttarakhand, to convey it to the Chief Secretary and the DGP so that the order is carried out as directed, because it is the duty of the state and its high officials to do so.
The order noted that the parties have agreed that “the Assembly session shall commence at 11.00 a.M. For the singular agenda, that is, the floor test of the Assembly and shall be over by 1.00 p.M.” and “on the confidence motion having been put, a division of the House shall take place and the Members who are inclined to vote in favour of the Motion, shall sit on the one wing/side and the others who are against the Motion, shall sit on the other wing/side.”
The bench said the Principal Secretary, Legislative Assembly, Uttarakhand, shall see to it that “the voting is appositely done and recorded.”
On the modalities of voting by division of House, the bench said “the Members voting in favour of the Motion shall singularly vote by raising their hands one by one and that will be counted by the Principal Secretary, Legislative Assembly.
“Similar procedure shall be adopted while the Members voting against the Motion,” it said adding that “the entire proceedings shall be video-graphed and the video recording shall be placed before this Court so that it can be perused by this Court, if required.”
In the conclusion, the bench said as the parties have conceded for the floor test and “we have recorded the method, to give effect to the same, there has to be a variation of the order passed by us on the earlier occasion and, accordingly, we direct that Presidential Proclamation shall remain in abeyance from 10.30 a.m. To 1.00 p.m. On May, 10 2016, and during that period the Governor shall remain in-charge of the State.
“Needless to say, after 1.00 p.m. The judgement of the High Court shall remain in abeyance and our order passed on April 22, 2016, shall revive (President Rule),” the bench said. (PTI)
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