SC asks Centre to apprise it by May 6 on Uttarakhand floor test

A bench comprising Justices Dipak Misra and and Shiva Kirti Singh, posted the matter for hearing on Friday after Attorney General Mukul Rohatgi said he has conveyed in right earnest the court's suggestion which is under serious consideration by the government.

The bench recorded the submission of Attorney General that "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 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, Sibal and Singhvi raised objection to recording of such order and said that here it is a case of floor test which is like a vote of confidence for Rawat and it cannot be in any way called vote of no confidence.

However, the submission of Congress was objected to by Rohatgi who said Rawat cannot seek confidence vote by projecting himself as Chief Minister as the President's Rule is in operation by virtue of the apex court's order.

AG said the situation in Uttarakhand is like where both the parties will face the floor test to prove their majority.

Singhvi said the floor test cannot be for the party which was not in power and the person who has to be called to prove the majority is one who was the chief minister.

Amidst the deliberation, the bench said, "we will not restore the status quo ante by asking Rawat to prove majority".