The Supreme Court ordering a floor test in the Uttarakhand Assembly on 10th May for deposed Congress Chief Minister Harish Rawat to prove his numbers and “end the controversy over the proclamation of President’s rule in the State” held that the nine Congress MLAs disqualified by the Speaker would not be able to vote. The whole issue has taken a new turn. Now the Supreme Court has stayed High Court order. The stay would undo the revival of the Congress government led by Harish Rawat by the High Court judgement on Thursday. High Court had set aside the Central rule and observed that material considered for imposing rule has been ‘found wanting’ shows the mischief of the BJP central rulers to keep the rule in hand remotely. The verdict also negated Centre’s stand that there was breakdown of constitutional machinery. The move could be seen as BJP wanted to go to Assembly polls with a victory wrested in Uttarakhand and diminishing Congress existence. But now it looks the move has backfired. Before dissolving Rawat government Governor should have carried out a floor test to determine the legitimacy of the state government. Nine Congress MLAs had been disqualified by the Speaker under the anti-defection law. BJP argued that the Appropriations Bill was passed without a division of votes, the Chief Minister argues that it was constitutionally passed. But either way, the Court stressed, there was no basis for the Centre to intervene on the day before the Rawat government was to prove its majority. The road for BJP is also not an easy one as its MLA Bhim Lal Arya has already turned against the party. The BJP has demanded action against him and complained to the Speaker. In the current scenario, if the numbers remain constant the Harish Rawat camp has 34 members out of the 62 members eligible for voting in the Uttarakhand Assembly. In that case the Congress should be relieved but in politics three days is a very long time.
