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SC orders floor test in Uttarakhand on May 10, bars 9 disqualified Congress MLAs from voting

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The Attorney General (AG) on Friday informed the Supreme Court that the Centre is ready to conduct floor test in Uttarakhand under the court’s supervision.

Uttarakhand MLA-AV

A bench comprising Justices Dipak Misra and Shiva Kirti Singh had on Tuesday repeated its suggestion that the Centre should consider holding a floor test in the assembly under its supervision.

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.

During the floor test, those who are in favour of confidence motion will sit to one side and those against will sit on the other side. They will then, on the Speaker calling the name of MLA, will show their hand and their position will be recorded.

The apex court directed the Principal Secretary, Legislative Assembly, to be responsible for the conduct of the floor test in a fair, transparent and peaceful manner inside the House. The State Chief Secretary and the Director General of Police will be responsible for the safety of the MLAs and the House’s security outside the Assembly.

The Bench ordered that President’s rule be lifted between 10.30 a.m. and 1 p.m. on May 10 to pave the way for the floor test.

The court will hear the matter again on May 11 and will decide whether Rawat will continue as Uttarakhand chief minister or not.

During the hearing, Attorney General Mukul Rohatgi favoured a former Chief Election Commissioner or a former judge as an observer to oversee the voting process.

Earlier, the apex court had asked the Centre to respond to its suggestion about the feasibility of holding a floor test in Uttarakhand Assembly under its supervision.

The Nainital High Court 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.

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