U’khand HC reserves verdict on 9 disqualified MLAs

“The hearing has been concluded. I will pronounce the judgment at 10.15 am on May 9,” Justice U C Dhyani said in brief remarks counsel at the conclusion of nearly three hours of arguments on both sides.

While ordering the floor test, the Supreme Court had said that the disqualified MLAs cannot participate in the voting if they continue to remain disqualified at the time of voting.

Observing that “if they (disqualified MLAs) have the same status” at the time of vote of confidence, they cannot participate in the House.

The court had also said: “However, our observation in praesenti will not cause any kind of prejudice to the merits of the case of disqualified MLAs (Members of Legislative Assembly), which is sub-judice before the high court.”

At present, in the 70-member assembly, BJP has 28 MLAs, Congress has 27, BSP has 2, while there are three independent MLAs and one belongs to Uttarakhand Kranti Dal (P) lawmaker. Nine MLAs are Congress rebels and one is a BJP rebel.

Counsel C Ariyama Sundaram, appearing for the disqualified MLAs, argued that the Speaker’s action against them was “biased” that went against tenets of natural justice. He contested the three grounds on which the action against the MLAs was taken.

Sundaram asked what was wrong in the Congress MLAs writing a joint memo to the Governor with their BJP counterparts seeking a division of votes on the Appropriation Bill. He said writing a joint memo was an act of dissent which was healthy in democracy and not defection within the meaning of the 10th schedule of the Constitution. If according to the Speaker the Appropriation Bill was passed by the assembly, then how does the question of rebel MLAs voting with the BJP in the Assembly arise, he asked.