This Article is From May 05, 2016

Suggestion For Uttarakhand Floor Test Under Serious Consideration

The top court accepted the plea of the Centre that two more days be given to it to respond to its suggestion and posted the matter for hearing on May 6.

New Delhi: The Centre today told the Supreme Court that its suggestion to explore feasibility of holding a floor test in Uttarakhand Assembly under its supervision was under "serious consideration" and a "firm" decision will be taken on it by Friday.

The top court accepted the plea of the Centre that two more days be given to it to respond to its suggestion and posted the matter for hearing on May 6.

A bench comprising Justices Dipak Misra and and Shiva Kirti Singh, took note of the statement of Attorney General Mukul Rohatgi that he has conveyed in "right earnest" the court's suggestion which is under serious consideration by the government.

"The Union of India is seriously considering the suggestion given by this court to have a floor test in Assembly to put an end to the controversy that has emerged in this case," the bench recorded in its order.

The bench also noted the submission of sacked Chief Minister Harish Rawat's counsel Kapil Sibal and Abhishek Manu Singhvi that they have no objection if Government accepts the suggestion.

The bench noted that if Government accepts the suggestion, it would subserve the cause of democracy.

While posting the matter for hearing on May 6, the bench said if the AG does not obtain instructions on the suggestion, the matter will be taken for hearing and there is also a possibility that the matter will travel to Constitution bench for full-fledged debate.

The bench was of the view that in most of the cases of imposition of President's rule, the matter has gone to the Constitution bench by framing some vital questions.

However, Mr Sibal and Mr Singhvi raised objection to recording of such order and said that in Delhi it is a case of floor test which is like a vote of confidence for Mr Rawat and it cannot be in any way called vote of no confidence.

The submission of Congress was objected to by Rohatgi who said Mr Rawat cannot seek confidence vote by projecting himself as Chief Minister as the President's rule is in operation by virtue of the top court's order.
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