Floor test in the Uttarakhand Legislative Assembly stayed till the next hearing

Uttaranchal High Court: While dealing with a challenge to the Single Bench Order directing floor test for the Harish Rawat government, the Union of India and some Rebel MLAs filed appeals before the Division Bench which ruled that no floor test will take place in the assembly. The Centre will send its affidavit on the President’s rule by Monday. The Union Government moved to Uttaranchal High Court challenging an interim order by a single bench directing a floor test in the Assembly, days after President’s Rule was imposed in the State.

The Division Bench comprising of KM Joseph CJ. and VK Bisht J. ordered the next hearing is set to take place on April 6 . 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 filed by former chief minister Harish Rawat through his counsel and senior lawyer Abhishek Manu Singhvi, the writ petition has Union of India as the respondent challenged the imposition of President’s rule in the state, the single judge bench of UC Dhyani J. in an interim order dated 29-03-2016 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. The bench noted that the AG and senior advocate Abhishek Manu Singhvi, who appeared for Rawat, agreed that the writ petition which had given rise to these appeals be “withdrawn to this bench” and finally disposed. [Indira Hriydayesh v. Union of India, 2016 SCC OnLine Utt 393, Decided on 30-03-2016]

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