The Nainital High Court on Wednesday pulled up the Centre over the imposition of President’s rule in the state and termed it as ‘sending a wrong message in democracy’ to the people.
The High court said that the floor test is the correct test to prove the majority in any assembly. Honourable bench also slam centre for President’s rule in spite of state Governor calling for a floor test.
After this, the Centre moved the Uttarakhand high court challenging an interim order by a single bench directing a floor test in the assembly on March 31.
A petition was mentioned before a division bench of the high court comprising Chief Justice KM Joseph and Justice VK Bisht by attorney general Mukul Rohatgi on behalf of the central government.
The petition sought clarity on whether the floor test can be held in the state assembly after the promulgation of President’s rule when the House is in suspended animation.
After a two-day hearing on a writ petition challenging the imposition of President’s rule in the state, the single judge bench of Justice UC Dhyani in an interim order directed a floor test in the Assembly on March 31 and allowed even the nine disqualified rebel MLAs of the Congress to vote during the exercise.
All MLAs, including the nine ruling Congress rebels, can participate in the trial of strength but the votes of the disqualified legislators will be kept separate, the court ruled.
The votes of the disqualified legislators will be taken into account subject to final outcome of the writ filed petition by chief minister Harish Rawat challenging the imposition of President’s Rule, senior Supreme Court lawyer and Congress leader Abhishek Manu Singhvi told reporters after the second day of the hearing in the court.