Uttarakhand floor test on May 10, but 9 rebel MLAs can't vote: SC

NEW DELHI: After the Centre agreed to it, the Supreme Court on Friday fixed May 10 as the date for the floor test to ascertain if ousted Uttarakhand chief minister Harish Rawat enjoys majority support in the state's assembly.

The apex court however also added that the nine Congress MLAs who were disqualified by the assembly speaker would not be allowed to vote in the floor test.

Earlier, appearing on behalf of the Centre, attorney general Mukul Rohatgi informed the SC that the Centre was ready for a floor test and asked the apex court to appoint an observer for the same.

"There should be one agenda and the observer should be a retired chief election commissioner," the Rohtagi told the apex court.

"It should only be a test of strength between the two political alliances in the assembly," he added.

The SC, however, clarified that there would be no composite floor test - only ousted CM Harish Rawat would seek a vote of confidence in the state assembly.

Incidentally, the petition of the disqualified MLAs will come up on Saturday before the Uttarakhand high court. If these MLAs are allowed to vote, Rawat's fate in the 70-member assembly may be sealed.

The apex court directed that the entire proceedings of two hours shall be videographed under the supervision of the principal secretary of the legislative assembly.

A bench comprising Justices Dipak Misra and Shiva Kirti Singh ordered that during the two hours when the voting will take place on the vote of confidence, the President's rule will be put in abeyance and the governor shall be in charge of the state.

The top court directed that the principal secretary of the legislative assembly shall place before it on May 11 in a sealed cover all the documents including the result and video of the entire proceedings.

The apex court directed the chief secretary and DGP of Uttarakhand "to see that all qualified members participate and attend the proceedings safely and no hindrance is caused by anyone by anybody".

The court refused to allow any outsider like a former chief election commissioner as suggested by attorney general Mukul Rohatgi as an observer for the floor test.

While finalising the modalities for holding the floor test, the bench made it clear that except for the said agenda of vote of confidence motion for Rawat, nothing else shall be discussed in the assembly.

It also expressed confidence that the proceedings shall be absolutely peaceful and without any disturbance.

The bench said that all officials of assembly shall follow in letter and spirit the procedure and any kind of deviation shall be viewed seriously.

It asked additional solicitor general Maninder Singh, appearing for Uttarakhand, to immediately convey the order of the court to the Chief Secretary and DGP.

In the order, the bench said the assembly session shall convene at 11am for the single agenda and shall be over by 1pm.

The bench said "the House shall divide and those in favour of motion will sit one way/ side and those against motion will on other way/side".

"The principal secretary, legislative assembly, (an official of rank of district judge) shall see that the voting is peaceful and recorded," the bench said, adding "members voting in favour of motion shall singularly vote and raise hand one by one and that will be counted by principal secretary, legislative assembly".

"Similar procedure shall be adopted while members voting against the motion," it said.

(With inputs from agencies)