The Uttarakhand High Court heard the petition of the nine rebel Congress MlAs challenging the Speaker’s decision to disqualify them from Assembly, on Monday. The hearing would continue on Tuesday. The court is likely to give its ruling on the matter on Tuesday, thus clearing things whether the President’s Rule would continue or a new Government run either by the Congress or the BJP would take its place.
The rebel MlAs had moved Uttarakhand High Court, challenging their disqualification by Uttarakhand Assembly Speaker Govind Singh Kunjwal a few hours after President's Rule had been imposed on the State.
The petition was filed before the single bench of Justice UC Dhyani of the High Court against the Speaker's action, questioning its validity on the ground that it had been taken after invocation of Article 356 in the State when the Assembly was already under suspended animation.
It should be mentioned here that nine rebel Congress leaders—former CM Vijay Bahuguna, Harak Singh Rawat, Shailarani Rawat, Subodh Uniyal, Shailendra Mohan Singhal, Pradeep Batra, Umesh Sharma ‘Kau’, Amrita Rawat and Pranav Champion- had challenged the Speaker’s decision to disqualify them from Assembly in the High Court.
Senior advocate Nageswara Rao, representing the rebel Congress legislators in the High Court, cited the Supreme Court’s judgment over 13 BJP MlAs rebelling against former Chief Minister of Karnataka VS Yeddyurappa to buttress his point of argument.
According to him, it was not a defection as Congress MlAs had reached the Governor’s House along with BJP MlAs and submitted a joint memorandum to the Governor. The MlAs had just raised their voice against then Chief Minister and by no means against the Congress, he argued. He added that the Speaker had violated one of SC’s rulings by disqualifying Congress MlAs through unconstitutional process.
Advocate Rao also cited Ravinayak and Jagat Singh case before the bench, saying that as the MlAs concerned had neither their party nor joined any other party the Speaker’s action was unwarranted.
Uttarakhand High Court on April 8 had deferred the hearing of the case till April 11 after the rebel MlAs’ counsellors had sought some more time. Rebel MlAs had moved High Court on March 30, challenging their disqualification on March 27.
Things are interesting in terms of number in the Assembly, now under suspended animation. In the 70-member House, strength of Congress and BJP stands at 27 and has 28(including one suspended member Bhimlal Arya ) respectively.
Both the parties are now pinning hope on the High Court ruling, saying that it would go in their favour, paving way for a popular government to be formed by either of the two parties. However, the senior leaders of both the camps are keeping their fingers crossed. “We will move Supreme Court if the HC ruling goes against us,” said a senior congress leader.
BJP’s view is the same, though, as the insiders, say, the saffron camp is now readying things to form the next government in the State. “We are confident that the HC ruling would vindicate our stance on the matter of the Congress rebel MlAs’ disqualification,” said a senior State BJP leader.