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Thursday, March 31, 2016

Floor test is to be in assembly after next hearing on 6th April: High Court Double Bench.

By on Thursday, March 31, 2016

A big decision by the union government ongoing political crisis in Uttarakhand had been taken. The government recommended ending of budget session. It is assumed that the step by the union government has been taken to adopt path of bringing an ordinance for the bill of appropriation of Uttarakhand. The ordinance during the budget session continued in parliament cannot be proposed. The first phase of budget session has been finished, while the remaining is to be completed in April.
The high court of Uttarakhand Tuesday gave its decision on Writ petition filed by congress to challenge the president rule and the defection of 9 rebel legislators; flipping the president rule in Uttarakhand, the high court single bench said to prove the majority of Harish Rawat government on floor test by 31 March.
Vikas Singh and Dinesh Dwivedi, senior counsel as respondent on behalf of rebel legislators, were present there on Monday. The court said to the centre to file its response by Tuesday after hearing argument of Abhishek Manu Singhvi, the leader and advocate.
The union government is pondering over all the remedy in this matter. The government has challenged the decision of high court on Wednesday. Mukul Rohatgi, Attorney General, submitted the side of government. The union government had imposed the president rule on the recommendation of governor, while the high court ordered to prove the government its majority.
The congress welcomed the decision of high court, saying it will prevent  interfere of union government in the state affairs; but the congress challenged the court’s decision of given voting right to the suspended rebel legislators in double bench.
The union government as respondent argued the cause of president rule in the state before the court, but the court ordered in the favour of congress and said to prove majority by 31 March.

Ml Sharma asked the CBI inquiry in the case filing the public interest litigation in Supreme Court. The matter of legislator’s horse trading is serious in nature and this must be probed.
The congress leader, Harish Rawat with 34 legislators on Monday met with the state governor and he claimed his side before him; on the other hand, the BJP leader and union minister, Arun Jaitley dubbed the president rule an appropriate decision because the state government was murdering the democracy. Consequently the decision to impose the president rule in Union cabinet was taken.
It is noticeable that Singhvi and Kapil Sibal both are the counsel of the case. Both are the lawyers.
The president signed on this declaration under article 356 of constitution. Uttarakhand Assembly was suspended. It was decision taken prematurely of floor test. The congress leaders and Rawat dubbed the decision of centre to impose the president rule “the murder of democracy.” They say when the governor had given the chance of floor test to Harish Rawat by 28 March, why did the union government take a haste decision to dismiss the elected government?

 The BJP in Uttarakhand unit has claimed that it is largest party in Uttarakhand, therefore it should be given chance for the floor test to prove its majority.
The floor test of Harish Rawat government in Uttarakhand will not be on 31st March in assembly. The double bench of high court has given this order. Both the main parties have agreed upon the decision.
The apex court said that the floor test will take place after next hearing on 6th April.
The high court double bench heard the petition on the imposition of president rule and the counsel from the union government, Attorney General Mukul Rohatgi was asked by the court that when a day had remained for the floor test, why did the union government took so haste decision to impose the president rule. Court said it is important to give the chance any party to prove its majority and it is a healthy process.
AG said that the floor test may be any government, but there is neither any cabinet nor any minister. The assembly has been dismissed. How may be the floor test? He added that there was allegation of horse trading of legislators to form government. Consequently the assembly and the president rule in the state was the last option.

Court said it is our duty that the article 356 of constitution must not be used for the political purpose.

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