Uttarakhand: Rebel MLAs Invoke Arunachal Verdict, Oppose Dismissal

The Supreme Court in the meantime has declined any interim relief to the nine disqualified MLAs.

2 min read
Harish Rawat after taking the floor test which reinstated him as the Chief Minister of Uttarakhand. (Photo: IANS)

The Supreme Court on Wednesday declined any interim relief to the nine disqualified Uttarakhand MLAs who had sought a stay on their disqualification and permission to participate in the assembly session, commencing from 21 July in Dehradun.

The fate of the state Assembly Speaker Govind Singh Kunjwal, who had disqualified the MLAs including former Chief Minister Vijay Bahuguna, would depend on the judgement given on pleas which challenged his action, the apex court said.

The motion to remove the Speaker was moved by the then rebel Congress MLAs and BJP lawmakers on 18 March and a day after, the Speaker slapped them with disqualification notices.

The bench, which also made it clear that it did not intend to interfere with the business of the Assembly, said that if the motion is taken up by the House and voted upon, then its fate would be “subject to adjudication” of rebels’ pleas against the Nainital High Court order which had upheld their disqualification by the Speaker.

The rebels, also including Kunwar Pranav Singh Champion, filed a plea in their pending appeal seeking a stay on the Speaker’s decision to disqualify them by relying on the recent historic judgement in the Arunachal Pradesh case.

The judgement held that the Speaker, facing motion for removal, cannot disqualify lawmakers who are part of that motion.

Referring to the judgement, senior advocate CA Sundaram, appearing for the rebel MLAs, said that the Constitution disentitles the Speaker –against whom a resolution for removal is pending – from disqualifying any member of the House.

The Harish Rawat government had won the floor test ordered by the apex court on 10 May in which the rebels were barred from casting their vote.

(With inputs from PTI)

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