It is a crucial day in Uttarakhand where a Supreme Court-monitored floor test will take place in the Assembly on Tuesday. Ahead of the confidence vote, sacked chief minister Harish Rawat got a major boost on Monday with the High Court dismissing the petition of nine Congress MLAs challenging their disqualification and the SC refusing to give any relief to them.
After excluding the nine disqualified MLAs, the Assembly has an effective strength of 61 members. Of that, the Congress has 27 MLAs on its own and claims the backing of six-member PDF to make the ruling side's figure of 33. Rawat needs the backing of 31 MLAs for a simple majority.
The BJP has 28 MLAs, including that of Bhim Lal Arya whose loyalty is in doubt. The PDF comprises two of BSP, one of Uttarakhand Kranti Dal and three Independents.
With nine rebels being disqualified, any side would need a majority of 32 to win the trust vote. The Congress would watch the movements of the two BSP MLAs a bit anxiously, but the calculation is that they are likely to abstain, as going with the BJP would cost them in the Uttar Pradesh polls in 2017.
An upbeat Harish Rawat on Monday claimed he was confident of getting a majority. "We are sure of gaining support of our allies during the floor test. Why is BJP questioning how we will get the majority? My question to them is how were they ever going get a majority. BJP should stop horse trading and let the floor test happen," Rawat said.
"If we win, we will continue our work to develop the state. If we lose, then we will accept the verdict," Rawat added.
According to apex court ruling the floor test in the House will have to adhere to the following guidelines:
- A specially convened two-hour-long session between 11 AM and 1 PM will take place for the floor test on Tuesday.
- The special session, where President's Rule will be kept in abeyance, will only have a "single agenda" and no other matter will be taken up for discussion. The President rule shall be revived after the conclusion of floor test at 1 PM on May 10.
- The Uttarakhand Director General of Police and the Chief Secretary have been directed by the court to maintain law and order in the state.
- The disqualified Congress MLA will not be allowed to enter the House, unless the SC revokes their disqualification.
- The Principal Secretary, Legislative Assembly, shall see that the voting is peaceful and recorded
- During the trust vote, members voting in favour of motion shall singularly vote and raise hand one by one and that will be counted by Principal Secretary, Assembly.
- On the Confidence Motion having been put, those in favour of the motion will sit on one side of the House and those against on other side.
- The entire proceeding shall be videographed so that it can be perused by the court if required
- The result of the voting shall be placed before this court in sealed cover on Wednesday, May 11
The Nainital High Court had on April 21 declared the President's rule imposed in the state on March 27 as unconstitutional. The court had also ordered the floor test on April 29. But the Centre moved the Supreme Court and on April 22, the apex court ruled that there would no floor test in the Uttarakhand Assembly on April 29.
The court also ordered that President's rule in the state would remain in force till further hearing. The SC has said it would try to give a verdict by May 13.
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