March,29,2016:
Ousted Uttarakhand Chief Minister Harish Rawat got another chance to prove his majority in the Uttarakhand Assembly.
The Supreme Court is all set to hear a PIL challenging imposition of President's Rule in crisis ridden Uttarakhand next week.
"Let it be listed next week," a bench comprising Chief Justice T S Thakur and Justices R Banumathi and U U Lalit said.
The court's observation came when advocate M L Sharma sought urgent listing of the public interest litigation (PIL) on the issue.
Meanwhile giving another chance to former Uttarakhand Chief Minister Harish Rawat to prove his majority in the Uttarakhand Assembly, the Nainital High Court, on Tuesday, ruled that fresh voting would take place in the Uttarakhand Assembly on March 31 where Mr. Rawat’s claim of having majority support will be up for a floor test.
Mr. Rawat had moved the High Court against President’s Rule on Monday. The hearing carried on until Tuesday where the court ruled that Mr Rawat will have to prove his majority in the State Assembly on March 31.
On March 18, the BJP, which is the Opposition party in the Assembly, along with nine Congress MLAs had voted against the Appropriation Bill. While Mr. Rawat claims that the Appropriation Bill was “constitutionally” passed in the Assembly, the BJP’s Central leadership had claimed that the Speaker had shown the Bill as “passed” while majority of the 67 MLAs in the Assembly had voted against the Appropriation Bill.
While the Governor has asked Mr Rawat to prove his majority in the Court on March 28, the exercise was not carried out as President's Rule was imposed in the State on March 27.
Senior lawyer and Congress leader Abhishek Manu Singhvi, who was representing Mr. Rawat in the High Court, said, "Only the date of the floor test has changed from March 28 to March 31. The nine rebel Congress MLAs will also vote. However, their votes will be counted separately and the final decision based on the voting will be taken by the Nainital High Court."
The nine MLAs were later suspended by Uttarakhand Assembly Speaker Govind Singh Kunjwal. However, the High Court, in its decision, has stated that the nine MLAs too shall vote in the Uttarakhand Assembly on March 31 but their voting shall be done under the supervision of the Registrar General who will be present as an observer during the voting.
Harish Rawat, who had challenged dismissal of his government, today said the High Court order for floor test was a “tremendous setback” to the Centre and expressed confidence that it will deter the Modi government from “destabilising” the Congress-ruled state governments.
“Congress and our government have full respect for the judiciary. We still do not have the full judgement of the High Court but the part of the order available shows that the court holds the Centre’s decision wrong,” he told reporters.
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