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Business News/ Politics / Policy/  Uttarakhand: Advantage Congress as courts deny rebels a vote in floor test
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Uttarakhand: Advantage Congress as courts deny rebels a vote in floor test

MLAs' disqualification improves chances of Harish Rawat in demonstrating his majority in the Uttarakhand assembly

The Supreme Court refused to stay the disqualification order of the nine Uttarakhand Congress MLAs. Photo: HTPremium
The Supreme Court refused to stay the disqualification order of the nine Uttarakhand Congress MLAs. Photo: HT

New Delhi: It is advantage Congress in Uttarakhand after the courts ruled that nine disqualified legislators of the party will not be allowed to participate in the floor test in the assembly on Tuesday.

The court’s intervention effectively lowers the strength of the 71-member assembly to 62, including one nominated member. The Congress has 27 members of the legislative assembly (MLAs) and, at present, has the backing of six more belonging to the Progressive Democratic Front, giving it a clear edge over the 28 legislators belonging to the Bharatiya Janata Party (BJP).

If the Congress wins the trust vote, it will be a shot in the arm for it and a setback for the BJP. Alternatively, if the party fails to win the vote of confidence, it will potentially open up an opportunity for the BJP, which has the largest number of MLAs in the assembly at the moment, to make a bid to form government.

On Monday, the Uttarakhand high court upheld speaker Govind Singh Kunjwal’s order of 27 March disqualifying the nine Congress MLAs.

The Supreme Court, which was approached immediately, refused to stay the disqualification.

Two neutral observers—principal secretary, legislative and parliamentary affairs; and secretary, legislative assembly—will be present for the floor test.

The court said neutral observers were required as neither side believed the floor test would be held in a fair manner.

A bench comprising justices Dipak Misra and Shiva Kirti Singh will hear the arguments of the nine MLAs in detail in July.

“You don’t dispute the letter you have written," Misra told the MLAs.

On 18 March, 37 MLAs—28 from the BJP and the nine Congress rebels—wrote to governor K.K. Paul informing him that the finance bill had failed to obtain passage in the assembly and that the government had lost majority. “SC had already asked for a floor test and said these 9 MLAs will not be able to vote. The BJP is wasting the time of the judiciary and the time of the country. SC has taken the right decision," Shakeel Ahmad, a senior spokesperson of the Congress party, told reporters on Monday.

“We respect the direction of the Supreme Court. BJP will prove it in the House that the party has majority and the government of former chief minister Harish Rawat was in a minority," said Shyam Jaju, national vice-president of the BJP.

“While the Congress is facing corruption allegations, the BJP is losing the perception battle in the state. Corruption allegations from both sides is at the centre of the political discourse in Uttarakhand," said Annpurna Nautiyal, dean of the school of humanities and social sciences at H.N.B Garhwal University in Uttarakhand.

Lawyer C.A. Sundaram, representing the disqualified MLAs, argued they showed their dissent against chief minister Harish Rawat, and not the party.

“Dissent is not defection," Sundaram said. “The entire allegation against me is based on this joint memo (letter). I have objected to the speaker’s conduct and sought his removal."

Sundaram requested the court to lift the stay on the disqualification for two hours during the floor test and take the votes of the nine rebel MLAs in sealed covers. The apex court, however, did not grant any such order at this stage.

Lawyer Kapil Sibal, representing Kunjwal, countered that the appropriation or finance bill reflected the policy of the government, and going against it meant going against the party.

The Uttarakhand high court made a similar observation.

“An appropriation bill is a matter of policy and if any policy is attacked or if there is clear violation of the manifesto or if there is a fall of the government, the same will attract... the Tenth Schedule of the Constitution and will amount to ‘voluntarily giving up the membership of the party’," the 57-page ruling said.

“The petitioners are clearly the victims of their own actions, probably not knowing fully well that it will take them so far," the high court added.

The non-participation of the rebel MLAs will improve the chances of former chief minister Rawat in demonstrating his majority in the assembly.

Kunjwal disqualified the nine MLAs for violating the Congress whip and aligning with the BJP.

Uttarakhand has been in a state of turmoil since the rebellion in the ruling Congress party which led the centre to impose president’s rule on 27 March, a day before Rawat was to face a floor test. The state high court ruled against President’s rule on 21 April. A day later, the apex court stayed the ruling.

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Published: 09 May 2016, 12:25 PM IST
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