After hearing both the parties regarding the case of nine Congress rebels’ disqualification on Tuesday, the Nainital High Court single bench of Justice UC Dhyani adjourned the hearing till Thursday.
Continuing with the arguments, advocate Amit Sibal representing the Speaker, pleaded that the Speaker had taken the right decision by disqualifying the rebels to strengthen the democratic system. Citing PDF standing like a rock behind the then Harish Rawat government, he said that some members of the ruling party raising a banner of revolt against their own government deserved to be punished. They had humiliated the party by meeting the Governor together with the BJP MlAs, he said.
Sibal averred again in line with the Congress stance that the money bill had been passed by voice vote in the Assembly on the evening of March 18 itself. Invoking Article 212 of the Constitution, he said the Speaker has been given special privilege in conducting the House. Sibal further said that the rebels had issued a statement, saying that they would form a Government along with BJP and demanding dismissal of the government. He argued that these were enough for them to invite anti- defection law.
Seeking to separate what happened in Karnataka from the developments that happened in Uttarakhand, Amit Sibal said in Karnataka, the BJP MlAs had revolted against the then CM Yeddyurappa, dubbing him as corrupt and authoritarian. Here in Uttarakhand on the other hand, they had targeted the State government, he argued. He said the rebels had demanded the government to be dissolved by the Governor.
It means that they had willingly lost their membership of the Congress Party, Sibal said, adding that their conduct comes under the purview of 2(1) of 10th schedule of anti defection law. Defending the Speaker’s action, Sibal said that democracy is facing difficulties due to defection.