The Supreme Court has appointed principal secretary Jaidev Singh to oversee floor test proceedings in Uttarakhand on Tuesday.
The apex court has said that the voting in floor test in Uttarakhand Assembly will take place on Tuesday as directed earlier.
A bench comprising Justices Dipak Misra and Shiva Kirti Singh allowed the Centre’s plea to modify the May 6 order in which the designation of the officer was stated as Principal Secretary (Legislative Assembly).
The Centre had moved an application saying the officials concerned have written a letter to the Chief Secretary stating there is no Principal Secretary (Legislative Assembly) designation in the state and they can only act when a clarification is issued by the apex court.
Congress had opposed the plea, saying that allowing Principal Secretary (Legislative Assembly and Parliamentary Affairs) would amount to the participation of an outsider in the Assembly.
The party had submitted that the Secretary (Legislative Assembly) who is under the supervision of the Speaker should be allowed to oversee the floor test.
Appearing for Mr. Rawat, senior advocates Kapil Sibal and Abhishek Manu Singhvi said the latter official – Principal Secretary, Legislative and Parliamentary Affairs – is an ‘outsider’ and cannot be invited inside the House.
“This is a case where one side does not trust the other. Hence there is a necessity to have a neutral perceptionist to see that absolute objectivity is maintained when voting takes place…. Solely for aforesaid reason, we modify the order and direct the Principal Secretary, Legislative and Parliamentary Affairs, Uttarakhand with the cadre of district judge to conduct himself with objectivity, singularity of purpose of neutrality”, the Bench of Justices Dipak Misra and S.K Singh ordered, specifying that the floor test should go on as per schedule.
In a major development the Supreme Court on Monday gave no relief to nine disqualified rebel Congress MLAs and barred them from voting in the floor test in the Uttarakhand Assembly due on Tuesday.
The apex court, while maintaining that disqualified MLAs won’t be allowed to participate in the floor test due on Tuesday, also posted the matter for next hearing on July 12.
The MLAs moved the Supreme Court after the Uttarakhand High Court dismissed a similar plea from them earlier in the day. Minutes after the high court pronounced its order, the MLAs moved the Supreme Court.
Dismissing the petition, the single judge High Court bench of Justice UC Dhyani advised the MLAs to go back to state Assembly Speaker Govind Singh Kunjwal and request a review of his action if they so wished.
