Rebel Congress members of the legislative assembly on Wednesday moved the Uttarakhand high court challenging their disqualification by Uttarakhand assembly Speaker Govind Singh Kunjwal after President’s rule had been imposed in the state.
The petition has been filed before the single bench of Justice U C Dhyani of the high court against the speaker’s action questioning its validity on the ground that it had been taken after invocation of Article 356 in the state when the assembly was already under suspended animation.
The plea will be heard by the single bench at 2 pm on Wednesday.
The speaker had disqualified nine Congress MLAs under the anti-defection law hours after imposition of President’s rule in the state on March 27, a day before the state government was scheduled to go for a floor test in the assembly.
The Centre, meanwhile, also moved the high court challenging an interim order by a single bench directing a floor test in the assembly on March 31.
A petition was mentioned before a division bench of the high court comprising Chief Justice K M Joseph and Justice V K Bisht by Attorney General Mukul Rohatgi on behalf of the central government.
The petition sought clarity on whether the floor test can be held in the state assembly after the promulgation of President’s rule when the House is in suspended animation.
After a two-day hearing on a writ petition challenging the imposition of President’s rule in the state, the single judge bench of Justice U C Dhyani in an interim order on Tuesday directed a floor test in the assembly on March 31 and allowed even the nine disqualified rebel MLAs of the Congress to vote during the exercise.
