 "Uttrakhand Chief Minister Harish Rawat addressing a press conference in Dehradun")
The Uttarakhand High Court in Nainital on Tuesday ordered a floor test in the Vidhan Sabha on Thursday. This is a major embarrassment to the Centre, which had imposed President’s rule in the state two days ago citing a breakdown of constitutional authority.
Harish Rawat, who was unseated from his post as chief minister, has been asked to test his majority on the floor of the House in a copybook interpretation of the S R Bommai judgment that for the first time permitted judicial review of the imposition of President’s rule.
For Rawat, however, this is a poisoned chalice: For the nine MLAs who had challenged the government by threatening to vote against the Budget presented by him, have been permitted to vote when the House meets on March 31. They were disqualified by the Speaker when they sought a division or counting of votes.
If their votes had been counted as ‘nays’, the government would have fallen on the spot. By allowing them to take part in the voting and disregarding the Speaker’s disqualification, the court order has tightened the noose around Rawat’s neck.
The rebels are most likely to vote against the government on March 31. However, the nine Congress rebels will lose their membership of the House for having defied the whip of the party, propelling the state towards early elections.
The nine MLAs, including former chief minister Vijay Bahuguna and senior Congress leader Harak Singh Rawat, had declared their intention last week to vote against the Budget.
| ROAD TO PRESIDENT’S RULE |
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The Rawat government must have at least 36 MLAs in a House of 70. With nine stating unambiguously that they have lost confidence in him, the Congress now has only 27. Friendly MLAs number six: Bahujan Samaj Party (2), Independents (3) and Uttarakhand Kranti Dal (1).
All India Congress Committee General Secretary Ambika Soni incharge of Uttarakhand in the capital on Tuesday, welcomed the high court decision stating that the “Congress stand had been upheld by the courts.” The party was “consulting legal experts” on the issue of the nine rebels voting separately, Soni said. “Either their disqualification should be put aside or they should not be permitted to vote.”
Congress reiterated that the Supreme Court ruling last week has clearly stated that the Speaker is the ultimate authority on disqualification of MLAs.
This does not take the government to the magic number of 36.
Moreover, these MLAs cannot be counted upon as they are reassessing their position recognising the risk to the stability of the Rawat-led government.
Since the high court did not pass any order on President’s rule, legal experts say the central rule in the hill state would continue. Besides, the order is only a partial relief to Rawat, who had challenged the imposition of President’s rule.
This is only an interim order. The final decision of the high court would come only after the disposal of the petition by rebel MLAs challenging their disqualification by Speaker Govind Singh Kunjwal.
“The high court has passed an order which, according to us, accepts the points that despite the President’s rule, there is enough scope for judicial review to allow a floor test. The floor test was asked by us on the basis of the past precedents of the Supreme Court’s judgments. The floor test is a paramount consideration and mere horse-trading allegations cannot justify President’s rule and stop the floor test,” said Abhishek Manu Singhvi, who is the counsel for Rawat.
Interpreting the judgment further, Singhvi said the court allowed only for counting of votes by disqualified as well as non-disqualified MLAs.
The votes of the disqualified MLAs will be kept separately for their identification in a separate room and it will be subject to the final outcome.
Legal experts also said the speaker will have very little role in the floor test and there was also suspense whether he can cast his vote. The Registrar of the High Court will remain present in the Vidhan Sabha as an observer. Welcoming the order, Rawat said the new order has come as an obstacle in the attempts by the Centre to destabilise various non-BJP governments in other states.
BJP spokesperson Shrikant Sharma said the party would comment on the court order only after reading it. “Uttarakhand is passing through a constitutional crisis created by the Speaker who ignored a written plea by several legislators that there should be a vote on the Appropriation Bill. The world has also seen how Harish Rawat offered Rs 5 -15 crore to rebel Congress legislators.”
The BJP asked why the Congress was indulging in offering money to its rebels if it has the majority.
“This is an internal fight of the Congress. Rawat had conspired to remove Vijay Bahuguna as chief minister and now he is harvesting what he had sown. Even now, they are in a minority as they paraded 33 MLAs in front of the governor, which includes the Speaker and six from outside,” Sharma added.
The BJP is confident that the Rawat government will lose the floor test. It is likely that Uttarakhand will see an election in the next six months. The party is keen that Rawat, considered a consummate leader within the BJP, shouldn’t be at the helm in the state if it is to have any chances of winning in Uttarakhand. If he is removed now, he will not be able to continue as a caretaker chief minister.
| THE REBEL BRIGADE |
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Vijay Bahuguna, former CM, heads the rebel group. He had to make way for Harish Rawat in 2014, months after the floods in the state. His grouse is that his demand for a Rajya Sabha seat was not met. The party expelled his son Saket last week for anti-party activities. |
Harak Singh Rawat, Rudraprayag MLA, was agriculture minister in the Harish Rawat cabinet. A Thakur from the Garhwal region, he was among the chief supporters of Harish Rawat before he started feeling sidelined. He was the leader of the Opposition from 2007-2012. He was also a Cabinet minister when N D Tiwari was CM.
Subodh Uniyal, Narendra Nagar MLA, is a Vijay Bahuguna loyalist. He feels the party has not given him his due; he was eyeing a Cabinet berth. His brother U K Uniyal was removed as the state’s advocate-general soon after the MLAs revolted.
Amrita Rawat, Ramnagar MLA and the wife of Satpal Maharaj (who had defected from the Cong and joined the BJP in 2014), was believed to be biding her time. She was the tourism minister in the Bahuguna government but was dismissed after Harish Rawat took over as CM.
Pradeep Batra, Roorkee MLA, is a small-time businessman. Allegations that he misused his position had surfaced during his tenure as chairman of the Roorkee Municipal Corporation. He was miffed at his wife being denied a nomination for the post of Roorkee mayor.
Shaila Rani Rawat, Kedarnath MLA, was appointed parliamentary secretary. She used to complain to the party that her constituency was being neglected by CM Rawat.
Kunwar Pranav Singh, Khanpur MLA, is known for his arm-wrestling skills. He has been demanding a ministerial berth. He has been booked for firing at a party and injuring two Congressmen.
Umesh Sharma Kau, Raipur MLA, owes his rise to Vijay Bahuguna. Harish Rawat had tried to placate him with the post of parliamentary secretary, but in vain.
Shailendra Mohan Singhal, Jaspur MLA, is a doctor but has been aiming for a ministerial berth. He was miffed when Rawat denied him that.
