Uttarakhand crisis: Rebel MLAs can't vote in floor test, says Supreme Court

The 9 Congress rebel lawmakers had moved the Supreme Court challenging the High Court's verdict.

New Delhi:

The Supreme Court on Monday dismissed the petition of nine rebel Congress MLAs challenging their disqualification by the Speaker to participate in the trust vote that the Congress' Harish Rawat will seek in the Uttarakhand Assembly tomorrow.

Earlier, the Uttarakhand High Court too dismissed the petition following which the MLAs approached the Supreme Court immediately.

Dismissing their petition, the single judge bench of Justice UC Dhyani said the petition stands dismissed and asked the MLAs to go back to Speaker Govind Singh Kunjwal seeking a review of his action if they so wished.

The judgement will make the BJP's task difficult in the confidence vote to be sought by Rawat tomorrow 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.

It 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 31 MLAs for a majority. Moments after the high court pronounced its order, the MLAs moved the Supreme Court.

Counsel for the MLAs C A Sundaram mentioned the matter before Chief Justice of India T S Thakur about the high court verdict that had come earlier in the day. The CJI asked the counsel to approach the bench which had on Friday ordered the floor test.

Ordering a floor test on May 10 in the Assembly, the Supreme Court had said -"if they (disqualified MLAs) have the same status-" at the time of vote of confidence, they cannot participate in the House.

A specially convened two-hour-long session during which the President's Rule will be kept in abeyance will be held between 11 am and 1 pm for a -"single agenda-" of floor test, a bench of Justices Dipak Misra and Shiva Kirti Singh had said.