Can Uttarakhand floor test be held, Supreme Court asks government

A-G will convey Centre’s stand today

The Supreme Court asked attorney-general Mukul Rohatgi Tuesday whether a “court-monitored floor test” could be held in the Uttarakhand Assembly to establish if former CM Harish Rawat, who questioned President’s Rule in the state, has a majority.

On April 27, a bench of Justices Dipak Misra and Shiva Kirti Singh, extending President’s Rule till May 3, said it would take up a regular hearing from Tuesday, indicating it will examine if a state can be brought under President’s Rule only on the ground that the Appropriation Bill was not passed or irregularly passed in the Assembly.

In view of this interim order, the floor test fixed by the high court on April 29 for Harish Rawat could not take place. Taking note of the submissions on April 27, the bench indicated it would complete the hearing on May 3, 4 and 5 and pronounce its verdict before May 13. On Tuesday, however, since Justice Shiva Kirti Singh was sitting in a different bench (with Justice Anil R. Dave), there was no hearing in this case.

When the A-G mentioned Tuesday morning before Justice Misra about the different bench combination, Justice Misra asked him to take instructions on whether the floor test could place and President’s Rule suspended for two or three days. In the judges’ view, even if the court upheld the revocation of President’s Rule and dismissed the Centre’s appeal, a floor test was essential. Therefore, it wanted the A-G to consider if President’s Rule could be kept in abeyance for three days to allow a floor test monitored by Supreme Court. The A-G said he would inform the court Wednesday of the Centre’s stand.