Dehradun: The Uttarakhand High Court has dismissed the plea of nine Congress MLAs who had challenged their disqualification from the Assembly. The HC ruling bars the rebel MLAs from voting in the floor test that will take place in the Assembly on Tuesday.
Unfazed by the HC order, the disqualified MLAs have approached Supreme Court against dismissal of their plea in HC and sought an urgent hearing. The matter is likely to be taken up by the apex court at 2 pm on Monday.
The MLAs moved SC moments after Justice UC Dhyani of the HC pronounced his order on the petition challenging Speaker Govind Singh Kunjwal’s decision disqualifying them after they joined hands with the BJP during proceedings on the Appropriation Bill on March 18.
Counsel for the MLAs C A Sundaram mentioned the matter before Chief Justice of India TS Thakur about the HC verdict. The CJI asked the counsel to approach the bench which had on Friday ordered the floor test.
“We want the assembly to be dissolved and fresh elections should take place,” Rebel MLA Vijay Bahuguna said after the HC decision.
The HC order is a boost to sacked chief minister Harish Rawat as it ensures that the disqualification of the MLAs stays and the rebel MLAs are kept out of proceedings during the confidence vote, unless overturned by the apex court.
While ordering the floor test, the Supreme Court had said that the disqualified MLAs cannot participate in the voting if they continue to remain disqualified at the time of voting.
At present, in the 70-member assembly, BJP has 28 MLAs, Congress has 27, BSP has 02, while there are three independent MLAs and one belongs to Uttarakhand Kranti Dal (P) lawmaker. Nine MLAs are Congress rebels and one is a BJP rebel.
