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Uttarakhand Floor test today
The Supreme Court on Monday refused to stay the disqualification of nine rebel Uttarakhand Congress MLAs and ruled that they won\'t be allowed to participate in the trust vote on Tuesday.
New Delhi: The Supreme Court on Monday refused to stay the disqualification of nine rebel Uttarakhand Congress MLAs and ruled that they won't be allowed to participate in the trust vote on Tuesday.
The apex court, however, agreed to hear their plea for a stay on their disqualification and listed the case for July 12.
The rebel Congress MLAs had urged the Supreme Court to stay the operation of the Uttarakhand High Court order that came earlier on Monday. They had urged the court to permit them to exercise their vote during the confidence vote being sought by ousted Chief Minister Harish Rawat.
Earlier, the Uttarakhand High Court dismissed the petition the disqualification, holding that by their conduct they have "voluntarily given up membership of their political party", implying that they can be disqualified on that ground.
"This court, subject to scrutiny of Speaker's action on the principles of natural justice, therefore, holds that the ingredients of paragraph 2 (1) (a) of the Tenth Schedule of the Constitution are met against the petitioners.
"By their conduct, it has been established that they have 'voluntarily given up membership of their political party', even if they have not become members of any other political party," Justice UC Dhyani said in his 57-page judgment.
The judgment will make the BJP's task difficult in the confidence vote as it will be left with only 28 MLAs, including Bhim Lal Arya, whose loyalty to the party is in doubt. Though suspended by the BJP, Arya continues to represent the party in the House.
The Supreme Court may give Rawat an advantage in the floor test which will now be held in the Assembly with an effective strength of 62 in which the winning side will need 32 MLAs for a majority.
At present, in the 70-member Assembly, the BJP has 28 MLAs, the Congress has 27, BSP has two, while there are three independent MLAs and one belongs to Uttarakhand Kranti Dal (P) lawmaker. Nine Congress MLAs are disqualified and one is a BJP rebel.
