Nainital: In a major boost to the Congress party ahead of the floor test in the Uttarakhand Assembly, the Nainital High Court on Monday dismissed the petition of nine rebel MLAs seeking to vote in the confidence motion scheduled for Tuesday.
The high court ruling implies that these rebel Congress MLAs will not be able to vote in the floor test in the Uttarakhand Assembly tomorrow.
The order was passed by Justice UC Dhyani after senior advocate Kapil Sibal, representing Uttarakhand Assembly Speaker Govind Singh Kunjwal and senior advocate Amit Sibal, counsel for Congress Chief Whip Indira Hridayesh, concluded their arguments, stressing on the legitimacy of the disqualification.
The High Court dismissed MLAs' plea stating that there is no need of interference within Speaker's action, Amit Sibal, counsel for Uttarakhand Assembly Speaker said.
A visibly relaxed former chief minister Harish Rawat said, ''We are grateful to the HC, welcome its order.''
We are confident of getting justice, he added. I'm confident the people who stood with me in time of crisis, stood with Congress in last 4 years, will support us, he said.
Meanwhile, big celebrations have erupted outside Harish Rawat's residence after the high court dismissed rebel MLAs plea challenging their disqualification.
However, the 9 Rebel Congress MLAs have moved the apex court for urgent hearing against Uttarakhand HC's order dismissing their plea which challenged their disqualification.
Supreme Court is likely to hear their plea at 2 pm. After the Uttarakhand HC order, Speaker has also filed a caveat in the SC, demanding that if this order is challenged in apex court, he must be heard.
The Uttarakhand High Court had on Saturday reserved its verdict on the nine disqualified rebel Congress MLAs till today.
The Supreme Court had on Friday ordered floor test in Uttarakhand Assembly on May 10,
The apex court had directed that the nine rebel Congress MLAs, who have challenged their disqualification by the Speaker in the High Court, will not participate in the floor test "if they have the same status" at the time of vote of confidence.
With the top court order, the effective strength of the House will be reduced from 70 to 61 in which any party mustering the support of 31 MLAs will have the majority.
The rebel Congress MLAs had sided with BJP to demand a division of votes on the Appropriation Bill in the state Assembly.
Uttarakhand was plunged into political uncertainty after nine Congress legislators, including former chief minister Vijay Bahuguna, whom Harish Rawat replaced, revolted and turned to the Bharatiya Janata Party (BJP).
The crisis peaked on March 18 when the assembly passed the Appropriation Bill by voice vote even as the opposition sought recorded voting. Speaker Govind Kunjwal declined the request, leading the BJP to cry foul.
Rawat was then asked by Governor KK Paul to prove his majority on March 28 but a day before that the central government ousted his government by imposing President's Rule. Rawat immediately went to court.
The Uttarakhand High Court by its April 21 verdict had quashed the President's Rule.Uttarakhand was plunged into political uncertainty after nine Congress legislators, including former chief minister Vijay Bahuguna, whom Harish Rawat replaced, revolted and turned to the Bharatiya Janata Party (BJP).
The crisis peaked on March 18 when the assembly passed the Appropriation Bill by voice vote even as the opposition sought recorded voting. Speaker Govind Kunjwal declined the request, leading the BJP to cry foul.
Rawat was then asked by Governor KK Paul to prove his majority on March 28 but a day before that the central government ousted his government by imposing President's Rule. Rawat immediately went to court.
The Uttarakhand High Court by its April 21 verdict had quashed the President's Rule.
