The nine dissident Congress MLAs, who were disqualified by the Assembly speaker, will not be allowed to vote till the time the Uttarakhand High Court decides on their plea to revoke the decision.
After getting Centre's nod, the Supreme Court on Friday ordered floor test in the Uttarakhand assembly on May 10 for deposed Congress chief minister Harish Rawat to prove his majority. The court also ordered that the President's Rule will be suspended in the state for two hours – from 11am to 1pm – on the day, to facilitate the vote.
The nine dissident Congress MLAs, who were disqualified by the Assembly speaker, will not be allowed to vote till the time the Uttarakhand High Court decides on their plea to revoke the decision.
The high court is likely to take up the MLAs' plea either on Saturday or Monday.
A bench of justices Dipak Misra and Shiva Kirti Singh ordered the vote on confidence motion by division of votes in the House. Approving the modalities for floor test, as suggested by the lawyers for BJP and Congress, the court said during the floor test, those in favour of confidence motion will sit on one side and those against will sit on the other side. They will then, on the Speaker calling the name of MLA, show their hand and their position will be recorded.
The apex court directed the principal secretary, legislative assembly, to be responsible for the conduct of the floor test in a fair, transparent and peaceful manner inside the House.
It also ordered the state chief secretary and the director general of police to ensure the safety of the MLAs inside and outside the House.
The results of the floor test will be produced before the bench at 10.30 am on May 11 by the principal secretary, Uttarakhand legislative assembly, in a sealed cover.
In the course of arguments, attorney general Mukul Rohatgi informed the bench that the government has no objection if the court allows Rawat's government to go for floor test. He had also suggested for appointment of an observer who can conduct the proceedings peacefully.
Rohatgi's argument was countered by senior advocates Kapil Sibal and Abhishek Manu Singhvi saying "an outsider should not be allowed inside the House." They also argued that the disqualified nine MLAs should not be allowed to participate in the proceedings.
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