Uttarakhand crisis: Centre versus State is now Court versus Centre

Harish Rawat said Uttarakhand has already suffered a "jolt" and "deep wounds" in the form of defections but other opposition-ruled states will be saved from the Centre's designs

Written by Lalmani Verma , Manoj C G | Dehradun/new Delhi | Updated: March 30, 2016 12:26 pm
uttarakhand, uttarakhand crisis, uttarakhand news, uttarakhand govt, uttarakhand president rule, harish rawat, congress uttarakhand, bjp uttarakhand, uttarakhand mla suspension, uttarakhand news, india news Harish Rawat in Dehradun, Tuesday. (Source: Express photo by Virender Singh Negi)

In a new turn to the political situation in Uttarakhand where President’s rule was imposed Sunday, the Uttarakhand High Court Tuesday ordered a floor test in the assembly on March 31.

The Harish Rawat-led Congress government was dislodged and the 70-member House — the 71st is a nominated member — placed in suspended animation after nine Congress rebel MLAs joined hands with 28 MLAs of the opposition BJP, plunging the state into crisis.

On Monday, Rawat paraded 34 MLAs before Governor K K Paul to claim he still had the numbers to lead a stable government. Lawyer and Congress leader Abhishek Manu Singhvi, who appeared for Rawat in the High Court, told reporters that all MLAs, including the nine Congress rebels, can participate in the trial of strength but the votes of the disqualified legislators will be kept separate.

They will be taken into account subject to the final outcome of the writ petition filed by Rawat challenging imposition of President’s rule, he said.

WATCH VIDEO: Uttarakhand Crisis: Centre Sending AG To Nainital For Stay On Order

In Dehradun, there was lack of clarity on whether the High Court direction for a floor test meant that President’s rule had been stayed and the Rawat government restored.

Also read | Proclamation is not immune from judicial scrutiny: HC

The Congress indicated it will seek legal opinion on the issue of voting by the nine disqualified MLAs.

Welcoming the High Court decision, Rawat said it was a “tremendous setback” for the Centre which had “denied” him an opportunity to prove his majority on the floor of the House.

“The Congress and our government have full respect for the judiciary. We still do not have the full judgment of the High Court but the part of the order available shows that the court holds the Centre’s decision wrong,” he told reporters.

Also read | Parliament session to be prorogued, AG Mukul Rohatgi in Nainital

“Our fight is not against any person but the powers which are out to demolish constitutional institutions. Such powers have received a tremendous setback.” Rawat said since the nine rebel MLAs were disqualified, their votes will have no significance.

But Congress rebel MLA Umesh Sharma said he will take part in the voting on March 31. He said the Congress whip will not be applicable to him because the Speaker had disqualified him after imposition of President’s rule.

Uttarakhand BJP vice-president Kedar Joshi said he was quite hopeful that the nine rebel MLAs will continue supporting the BJP, and that the Congress will not be able to prove its majority on the floor of the House.

BJP MLA and former state unit president Teerath Singh Rawat said the court should first clear the legislature membership status of the nine Congress rebels since they were disqualified after imposition of President’s rule.

In New Delhi, Congress general secretary Ambika Soni said her party is unable to understand how members who have already been disqualified by the Speaker can be allowed to take part in the floor test.

Also read | HC allows floor test on March 31, Congress rebels to vote

“We don’t know where will they vote, in the assembly or outside. If they vote outside the assembly, then it will set a new precedent. Such a thing has never happened before. In the assembly, they require the permission of the Speaker who has already disqualified them. Non-members cannot enter the chamber of the House of Representatives, whether it is Rajya Sabha, Lok Sabha, Vidhan Sabha or Council… Only members can enter,” Soni said.

Stunned by the court direction for a a floor test, the BJP was exploring options, including “challenging the court decision” before a larger bench or a higher court.

BJP leaders admitted they had not anticipated such an order from the court since President’s rule has already been imposed in the state. “If the High Court can go against a Union Cabinet decision which was given assent by the President of India, we can challenge that decision,” a BJP leader said.

BJP general secretary Arun Singh said: “We will study the court order.” Other BJP leaders said the party “will not sit and watch” the political game unravelling in the state.

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First Published on: March 30, 2016 12:09 am
  1. F
    Fool
    Mar 29, 2016 at 4:41 pm
    HIGHLY CORRUPT JUDGE IS STILL NEGOTIATING WITH THE RETIRED IB PIMP ABOUT HOW MANY CRORES NEES TO BE DEPOSITED IN HIS NEWLY OPENED SWISS BANK ACCOUNT IN THE MAURITIUS. Once that is settled, the case will go to SUPREME CORRUPT. THERE ONE MORE DEAL BETWEEN THE SUPREME CORRUPT JUDGE AND A RETIRD IB THUG WILL HAPPEN. Once all that is settled, THEN THE JUDGEMENT WILL BE: INDIANS ARE FOOLS.
    Reply
    1. S
      Satendra kumar
      Mar 30, 2016 at 6:15 am
      The President s rule and the state governerns decision for implementing President rule for Uttarkand for benefit of it's citizens a great work.
      Reply
      1. A
        ak dev
        Mar 29, 2016 at 5:38 pm
        Congress needs only two rebels to return. Should not be a big deal for corrupt Congress on 31st.
        Reply
        1. A
          alvi
          Mar 29, 2016 at 2:32 pm
          chonu .....
          Reply
          1. A
            alvi
            Mar 29, 2016 at 2:33 pm
            chonu chamcha...
            Reply
            1. R
              Rajesh
              Mar 30, 2016 at 4:36 am
              I am not worried about about one event. I am just interested to see end of Congress from India.
              Reply
              1. अशोक.गोविंद.शहा
                Mar 29, 2016 at 1:22 pm
                vande mataram-If U khand speaker has disqualified 9 MLAs then how they can vote?if cort has upheld the right of mla to vote then the order disqualifing 9 mla did not hold ground. and if 27 9 MLAs has demnded division how speaker can p the finance bill by voice vote? if speaker did not allow cort registrar in the house then will it be dishonouring court?there is no govt in U khand then how the ex cm be eligiable to p the flor test? ja g te r ho
                Reply
                1. B
                  Bijan Mohanty
                  Mar 29, 2016 at 4:54 pm
                  BJP chamcha also spotted.
                  Reply
                  1. B
                    Bijan Mohanty
                    Mar 29, 2016 at 2:30 pm
                    The High Court order again establishes that Narendra Modi has no regard for lawful governance and is trying to bring chaos and anarchy into India. The Nation should oust the anarchist BJP party in next elections.
                    Reply
                    1. G
                      Gerry
                      Mar 29, 2016 at 1:37 pm
                      Judiciary is the bulwark of the people.
                      Reply
                      1. D
                        Damodar Modi
                        Mar 30, 2016 at 6:55 am
                        Modi and Amit Shah know that their days are numbered and hence want to grab emblies before they are thrown out by 2019.lt;br/gt;lt;br/gt;Directly, no sane person would vote for the fascist party, hence the indirect way to grab emblies has been devised by Modi and Amit Shah.lt;br/gt;lt;br/gt;My analysis -lt;br/gt;Narendra Damodardas MOdi grabbed power by polarizing and fooling the 31% electorate and won 280 seats ... in those 31% their were votes from Minority and Dalit and enthusiast youth who voted him for better India ignoring his past deeds .... fair enough.lt;br/gt;Now consider the scenario in 2019 ... what if 6% voters change their mind ... BJP will fall down to 25% .. not a bad performance congress had 18% only in 2014. But look at the effect on no of seats ... will call it delta effect in Mathematical term. That delta effect will be a huge bringing down BJP to around 150 seats ... still better than congress ... but who will form coalition gov. with BJP and Modi ... look how they have treated their NDA allies ...lt;br/gt;Abraham lincon says i dont judge mans character by how he behaves in difficult situation but how he behaves in winning situation .... in these case all we have seen is arrogance .... arrogance for Opposition, allies , media ...
                        Reply
                        1. D
                          Dharambir Singh
                          Mar 29, 2016 at 6:13 pm
                          These defector M.L.As should not be allowed to enter the temple of democracy.Shameful act by these power mongers should not be allowed to decide the fate of duly elected govt.
                          Reply
                          1. N
                            Nova
                            Mar 29, 2016 at 1:00 pm
                            Hope; the Judiciary will not work in favour of ruling (RSS) govt.
                            Reply
                            1. S
                              sonu
                              Mar 29, 2016 at 2:07 pm
                              murdere of his wife corrupt from the core rawat is destroying uttarakhand. mafia is everywhere i pray save my state from these goons
                              Reply
                              1. S
                                sonu
                                Mar 30, 2016 at 5:07 am
                                ok sting of corrupt raeat who killed his first wife should be proud moment for congi chamcha
                                Reply
                                1. I
                                  Ind
                                  Mar 29, 2016 at 2:11 pm
                                  Congi and commi who beliefs in opportunistic politics like divide and rule like JNU , Hyderabad university and Dadri incident. Mainly they support to do the corruption at very ground level. We can see lots of roadside politics congi party worker who grabs poor people subsidy and govt schemes. We See In very large number that too from Congi Party in rural area.
                                  Reply
                                  1. I
                                    Ind
                                    Mar 29, 2016 at 2:10 pm
                                    RSS is doing lots of good work to betterment of society, not like congi and commi who beliefs in opportunistic politics like divide and rule like JNU , Hyderabad university and Dadri incident. Mainly they support to do the corruption at very ground level. We can see lots of roadside politics congi party worker who grabs poor subsidy and govt schemes. We See In very large number that too from Congi Party.
                                    Reply
                                    1. I
                                      Ind
                                      Mar 29, 2016 at 1:16 pm
                                      They have their in side Intolerance and slavery to their party head. Unable speak and stand in front of their party supremo and abusing center for intolerance. the big intolerance is itself in congress party. All congi CM and other senior party workers act like as slavery in front of their supremo Madam Sonia. Disgusting.
                                      Reply
                                      1. I
                                        Ind
                                        Mar 29, 2016 at 1:10 pm
                                        Unable to handle his own colleague, now crying on center. The Congi think that corruption is their by birth right and they do same. But Mr. CM, You will not p at all because you have lost majority long back ago.
                                        Reply
                                        1. S
                                          sunny
                                          Mar 29, 2016 at 3:22 pm
                                          Our FM action appears to be such that he only know about law and his interpretation on law is binding and final. Can't BJP wait one more day i.e 28 to get the result of floor test.CM and his people may be corrupt , what action the great BJP took against the MP who kick an old man , at least that MP should have respect the age of that old man. BJP is also not having any right to speak about corruption/morality etc
                                          Reply
                                          1. J
                                            JM
                                            Mar 29, 2016 at 2:32 pm
                                            People like you and your master, self proclaimed chayawala and fake swamis will be taught a lesson very soon. Don't think that your dirty reign will last long.
                                            Reply
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