HC orders floor test in Uttarakhand, rebel Congress MLAs allowed to take part


Dehradun, Mar 29 (IBN) : Even as President's rule has been imposed in Uttarakhand, the Nainital High Court on Tuesday ordered a floor test in the Assembly to determine which party enjoys a majority. The High Court said the results of the floor test should not be declared in the Assembly and instead, should be presented before it in a sealed envelope.

While passing the order, the court allowed the nine Congress MLAs who were disqualified by Uttarakhand Speaker Govind Singh Kunjwal on Sunday to take part in the floor test which will be held on March 31. It appointed the registrar of the court to be an observer for the floor test.

The High Court said the results of the floor test should not be declared in the Assembly but should be presented before it in a sealed envelope.

Congress party's lawyer Abhishek Manu Singhvi said that the court order states that while the nine disqualified MLAs can vote but it will be kept separately. "The votes of the disqualified MLAs will be counted only as per the outcome," he said.

However, the court allowed President's rule in the state to continue.

With less than 24 hours before the crucial trust vote in the Uttarakhand Assembly where Chief Minister Harish Rawat was to prove majority support for his government, the Centre, in a dramatic move, dismissed the Congress government and imposed President's rule citing breakdown of governance on March 27.

Not amused by the step, Chief Minister Harish Rawat termed it as the murder of democracy.

Hitting out at the BJP leadership, Rawat had said, “Modi and Amit Shah wanted to topple my government at all costs. They wanted to remove Harish Rawat from the scene for which they went to the extent of murdering democracy. They even murdered the sentiments of the people of Uttarakhand.

A political crisis in Uttarakhand was precipitated when nine Congress MLAs rebelled against the Rawat-led government and rallied with the BJP. But the decision to impose President's rule took shape on Saturday night in a central government Cabinet meeting convened by Prime Minister Narendra Modi. On Sunday afternoon, a formal nod to the decision was given by President Pranab Mukherjee.

  

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Comment on this article

  • Vincent Rodrigues, Frazer Town,B'lore

    Wed, Mar 30 2016

    Rebel candidate when disqualified by the speaker how they can participate in the voting.

    DisAgree Agree [1] Reply Report Abuse

  • Vincy, Bangkok

    Wed, Mar 30 2016

    The Cabinet meetings with PM decided president rule because they know the results in Bihar.The BJP will reduce its seats if they choose election.

    DisAgree [1] Agree [3] Reply Report Abuse

  • SMR, Karkala

    Tue, Mar 29 2016

    Democracy mourned in Uttarakhand on the day of Easter. Violating all norms of democracy and constitutional propriety, Modi sarkar imposed the President's Rule in Uttarakhand.
    Justifying the action, it has been argued that President's Rule "breakdown in the governance of the state".
    Whereas Haryana Jat agitation which left 30 dead and worth 34,000 crores loss is not "breakdown in the governance of the state".
    BJP's operation Kamala once again blossoming in 'Kichad'politics.This time it is Uttarkhand after successful ouster of elected government in Arunachal Pradesh.Next is Manipur?
    once again, as a grave reminder to regional parties as Arunachal Pradesh and Uttarkhand may not be the last states to suffer.
    Jai Hind


    DisAgree [2] Agree [7] Reply Report Abuse

  • hari, Mangalore

    Tue, Mar 29 2016

    beggers are plenty for 15 lacs. i will not accept a penny if given free. love my country

    DisAgree [7] Agree [1] Reply Report Abuse

  • alfria, mumbai

    Tue, Mar 29 2016

    If Feku's party is so confident of winning the floor test than why do they want to appeal to the supreme court against high court verdict, If feku party has done nothing wrong than face the test.

    DisAgree [1] Agree [10] Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Tue, Mar 29 2016

    The possible sequence of events are as below -

    1. Congi will fail to pass floor test to prove majority.

    2. 9 rebel Congi MLA's will be disqualified for violating party wip & voting against the party.

    3. House strength will be down to 61 from 70.

    4. Rawat will parade 33 MLA's before Governor & President and claim to form the govt., (If governor not obliged Congi may seek honorable court's intervention).

    5. Again floor test will be carried out & the result will be a big insult to the BJP.

    6. By then 5 state assembly results will come out to add salt to BJP's wounds & woos.

    Political dombarata is on the cards.., actors are plenty..,

    Jai Ho.., Jai Hind..,

    DisAgree [8] Agree [15] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Mar 29 2016

    Desperate for Money & Power ...

    DisAgree [3] Agree [8] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Mar 29 2016

    Desperate for Money & Power ...

    DisAgree [9] Agree [14] Reply Report Abuse

  • hemanth, Bangalore

    Tue, Mar 29 2016

    Even you are desperate.. For money.. 15 lac..

    DisAgree [17] Agree [8] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Mar 29 2016

    hemanth, desperate for Votes, hence the FAKE promise of 15 Lacs ...

    DisAgree [4] Agree [11] Reply Report Abuse

  • Joseph F. Gonsalves, Bannur, Puttur / Mangalore

    Tue, Mar 29 2016

    Dear Rohan, Mumbai,

    Can the Donkey's traded only in Kamala Operations???!!!

    DisAgree [7] Agree [15] Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE

    Tue, Mar 29 2016

    Disqualified by speaker which can't be questioned by court(there were instances more than once such disqualification stood right in the court observance)now allows disqualified members to participate means something wrong in the system!!!!Modi/A.Sha/RSS/BJP indeed murdered democratic norms and nor they have faith in democratic institutions..

    DisAgree [11] Agree [18] Reply Report Abuse

  • VM, Moodbidri

    Tue, Mar 29 2016

    Mr.IKP,
    PAPPU'S Party has already murdered so many times. It's not NEW. Modi Ji is giving back to them.
    Don't get exited it just a floor text. There will be cross votes from rebels. Sure shot of victory for BJP. Wait & Watch.

    DisAgree [13] Agree [12] Reply Report Abuse

  • JOY CASTELINO, MOODUBELLE/DUBAI

    Tue, Mar 29 2016

    ISMAIL K PERINJE, PERINJE, in 2010 Karnataka speaker disqualified some BJP & 5 Independent MLA to save the Yeddi government. But 2011 May Supreme Court gave judgement that speakers action is unconstitutional & re-installed the membership of all the MLAs!!!!!

    DisAgree [3] Agree [9] Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE

    Tue, Mar 29 2016

    Check 10th schedule

    Paragraph 3 of tenth schedule also omitted which once agreed up split in the party.Now ninty - first amendment came to effect in 2004 stands even a split in the party attracts anti-defection law in which Court has no jurisdiction.. But I may ask how Amith sha absolved?or so...

    DisAgree Agree [3] Reply Report Abuse

  • Desi Jawan, Mangaluru

    Tue, Mar 29 2016

    This a very good and fair decision of the HC. Now congress got an opportunity to prove their strength in the assembly. Floor test is the only right means. Pappu and chamchas need no more to cry and blame centre for the situation created by their own party men. Will Pappu & party concede defeat if unable to prove the majority?

    DisAgree [14] Agree [14] Reply Report Abuse

  • shankar, Mangalore

    Tue, Mar 29 2016

    So on 31st, Congress will be out from Uttarakhand Officially, technically, morally and legally.

    DisAgree [35] Agree [21] Reply Report Abuse

  • Rohan, Mumbai

    Tue, Mar 29 2016

    Now let Rawat do some more donkey trading.........................lol

    DisAgree [12] Agree [20] Reply Report Abuse

  • R.Bhandarkar, Mangaluru

    Tue, Mar 29 2016

    On hearing the HC order, Rahul, according to sources close to him, has left nothing to chance.

    1. He has ordered that the 'floor' of the assembly to be clean, irrespective of the costs.

    2. In view of the 'floor test'...all electrical fittings and points are being re-checked.

    3.CC Tv cameras have been ordered afresh.

    4. sprinklers have been ordered at the venue.

    5. Fresh white clothes for free to all the MLa's....all the MLA's.

    6. Fresh perfume too...

    7. All concerned have been directed to take a fresh bath before attending assembly on March 31..

    Jai Raga
    Jai jai ragaaaaaaaaaaaaaa
    All prepared for the 'floor test'

    DisAgree [22] Agree [15] Reply Report Abuse

  • jeevan, mangalore

    Tue, Mar 29 2016

    Green signal from court for Congi mukth Uttarakhand...

    DisAgree [33] Agree [18] Reply Report Abuse

  • R Mallar, Kasaragod/ Dubai

    Tue, Mar 29 2016

    Had the speaker not disqualified the 9 people there would have been no president's rule. Anti- defection law needs to be reviewed, neither the ruling party nor opposition should mis use it.

    DisAgree [3] Agree [22] Reply Report Abuse

  • Dr S Kamath., Mumbai

    Tue, Mar 29 2016

    Good development just recapitulate from memory what congess did in Haryana The Congress had failed to get the required majority of 45 in the 90-member state assembly in the 2009 assembly polls after finishing with 40 seats. Initially seven Independents joined the Congress but by November that year, the five HJC MLAs — Satpal Sangwan, Vinod Bhyana, Rao Narender Singh, Zile Ram Chochra and Dharam Singh Chhokar — also joined claiming that their party had merged with the Congress.5 years later High court said the 5 HJC MLA s should be disqualified. By then Congress has cunning ly ruled Haryana for 5 years .Now wanted to do the same .Thanks to Modi govt for imposing President s rule.

    DisAgree [31] Agree [16] Reply Report Abuse


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Title: HC orders floor test in Uttarakhand, rebel Congress MLAs allowed to take part



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