Floor test under Supreme Court supervision

With the Narendra Modi government accepting the floor test, the Supreme Court on Friday directed former Uttarakhand chief minister Harish Rawat to take the vote of confidence in the floor of the Assembly on May 10.

Giving this significant direction, a bench of Justices Dipak Misra and Shiva Kirti Singh ordered suspension of President’s Rule in the state from 10.30 am to 1 pm on May 10, when the floor test is to take place and thereafter President’s Rule will come into operation. The bench, however, did not restore status quo ante for Mr Rawat to become chief minister when he takes the vote of confidence.

If Mr Rawat wins trust vote he will become the chief minister, but if he loses the vote of confidence in the Assembly on May 10, then the role will revert to the governor to invite the leader of the party who claims majority support to form the government.

The top court had passed a similar floor test in the Jharkhand Assembly in March 2005 to decide whether Arjun Munda or Shibu Soren enjoyed majority.

The bench passed this order on those lines in the special leave petitions filed by the Centre against the Uttarakhand high court judgment quashing the Presidnet’s Rule imposed on March 27.

The top court had earlier stayed the floor test ordered by the high court on April 29.

Earlier Attorney-General Mukul Rohatgi submitted that the petitioners have no objection to have a floor test of the Assembly. Senior counsels Kapil Sibal, Rajeev Dhavan and Abhishek Singhvi also agreed to have the floor test under the supervision of the Supreme Court.

Taking note of the agreement, the bench in its order said “a special session of the Uttarakhand Legislative Assembly be summoned/convened on May 10, 2016, commencing 11 am.

“The only agenda in the Assembly would be the vote of confidence sought by Mr Harish Singh Rawat. Apart from the said agenda, nothing else shall be discussed in the Assembly.

“The proceedings in the Assembly are expected to be absolutely peaceful and without any disturbance.”

This court expects that all the members and all concerned with the affairs of the Assembly shall abide by the same in letter and spirit.”