Uttarakhand high court to hear rebel MLAs’ plea on May 9

Continuing its hearing for the third consecutive day, a single judge Bench of Justice UC Dhyani adjourned hearing on the disqualification of nine rebel Congress MLAs for May 9. The court heard the arguments of Amit Sibal, representing the Uttarakhand Assembly Speaker.

However, senior advocate CA Sundaram representing the nine rebel MLAs in High Court was not present as his helicopter could not land in Nainital due to forest fire. 

Sibal said that Speaker had given enough time to the rebel MLAs to reply to the notice and there was no violation of natural justice. But none other than Sitarganj MLA Vijay Bahuguna responded. 

Meanwhile, Congress Chief whip told the court that the nine rebel MLAs had neither in their plea, challenging their disqualification, nor before the Speaker had said they were willing to support another Congress government under a different Chief Minister.

The submission was made before Justice Dhyani by Sibal, who contended that the rebel MLAs were not denied natural justice and that the Speaker's order was not filed in haste.

“They have not said in their writ petition or before the Speaker that they were willing to support another Congress government under another Congress CM,” he said, rejecting the argument of the MLAs in the court that they had not left the Congress and were prepared to support a government of the party if Harish Rawat was removed as chief minister.

He added the Attorney General had told the Supreme Court that the nine MLAs voted against the appropriation Bill but the counsel for the rebels, who was there in the court, "did not deny it".

Sibal said the nine have moved a transfer petition in the apex court to transfer the disqualification matter there but the plea has not been listed for hearing due to 'office objections' and has not even been mentioned before the apex court.

"They are keeping it pending to keep their options open," Sibal said, to which the judge said "this court is not concerned with that petition".