Court stays floor test in Uttarakhand

The Bench of Chief Justice K M Joseph and Justice V K Bisht passed the order on a petition filed by the Centre against the single judge directive for floor test on March 31. The order came after Attorney General Mukul Rohatgi, appearing for the Centre, strongly opposed Tuesday’s order saying courts cannot interfere with the Presidential proclamation. 

“By consent order, the Honourable Division Bench stayed the order of single judge till April 7,” said advocate Nalin Kohli, who was part of the team representing the Centre. 

The next date of hearing before the Division Bench is April 6, he said. Earlier, the trust vote was slated for March 28 but the Centre imposed President’s Rule on March 27, citing “breakdown of Constitutional machinery” in the state. 

This was challenged by ousted Chief Minister Harish Rawat before the single judge U C Dhyani of the High Court. The single judge, while ordering the floor test on March 31, had also allowed nine disqualified rebel Congress MLAs to participate in the voting. Congress was unhappy and had planned to challenge this aspect of the order. 

Ordering the floor test on Tuesday, Justice Dhyani had observed that invoking of Article 356 of the Constitution by the Centre was a “colourable exercise of power”. 

“Democratically-elected Houses should not be demolished in such a fashion. Floor test is the only test to prove the majority,” he had said even though he ruled out staying the effect of the proclamation under Article 356 at this stage. 

Kohli said the Centre will file its counter before the Division Bench on April 4 for which the other side will file its reply the next day. The matter will be heard again on April 6, he said. “So, in effect the single judge order has been kept in abeyance till April 7,” Kohli said. 

Meanwhile, Justice Dhyani put off hearing on a plea by rebel Congress MLAs challenging their disqualification by Speaker Govind Singh Kunjwal after President’s