New Delhi/Dehradun: Congress leader Harish Rawat is all set to be reinstated as Chief Minister of Uttarakhand, over six weeks after he was ousted by the Centre, with the Supreme Court on Wednesday putting its stamp of approval on the floor test in the Assembly yesterday.
"Rawat gets 33 votes out of 61 in the floor test. No irregularities were found in the voting. 9 MLAs could not vote due to their disqualification," an apex court bench said and directed revocation of the President's rule forthwith so that 68-year-old Rawat can assume office as Chief Minister.
Celebrations broke out in Dehradun the moment the news trickled in from the court that Rawat has won the trial of strength in the Assembly yesterday which was carried out on the instructions of the Supreme Court.
The developments have come as a major loss of face for the Modi Government at the Centre which had dismissed the Congress government and imposed President's rule after nine Congress MLAs sided with the BJP on the Appropriation Bill.
The rebel MLAs were subsequently disqualified by the Speaker under the anti-defection law, a decision that was upheld by the High Court and not interfered with by the Supreme Court.
The bench comprising Justices Dipak Misra and Shiva Kirti Singh made the pronouncement today after perusing the records filed by Principal Secretary (Legislative and Parliamentary Affairs) as directed by it.
At the outset, Attorney General Mukul Rohatgi conceded that there is no doubt that Harish Rawat has proved his majority.
"It is clear that respondent number 1 (Harish Rawat) has proved the majority on the floor of the house. I have received instructions from the Centre on the issue. The instructions are that the Centre will revoke the President's rule," the AG told the bench.
"It's a fair decision," senior advocate Kapil Sibal, appearing for Harish Rawat, told the court.
The bench said Harish Rawat will assume office as CM after President's rule is revoked. "We allow the Centre to revoke forthwith the order of proclamation of President's rule in the state," it said.
The bench asked the Centre to file before it day after tomorrow its order revoking the President's rule in Uttarakhand.
It, however, held that the justifiability of the proclamation of President's rule made on March 28, which has been assailed by the high court, will remain alive as it is under challenge before the apex court.
It also noted that the nine disqualified MLAs have challenged the HC order and the matter is of debate. "We do not say anything on that," the bench said.
An ecstatic Congress Vice President Rahul Gandhi said that democracy has won and hoped that the Prime Minister will "learn the lesson". "They (BJP) did their worst. We did our best. Democracy won in Uttarakhand.”
"Hope the PM learns the lesson that people of India and institutions built by our founding fathers will not tolerate murder of democracy," Rahul said on Twitter.
Hope Modiji learns his lesson-ppl of this country &the institutions built by our founding fathers will not tolerate the murder of democracy!
— Office of RG (@OfficeOfRG) May 11, 2016
The bench said the justifiability of the President's rule has to be gone into and observed, "Suppose we set aside the disqualification of the nine MLAs, there will be another floor test."
The bench noted in its order that the proceedings of the floor test were appropriately observed by Principal Secretary (Legislature and Parliamentary Affairs), Uttarakhand, along with Secretary (Legislative Assembly).
The bench also recorded the statement of AG and Additional Solicitors General Tushar Mehta and Maninder Singh that there has been no irregularity in carrying out the voting.
"We have opened the result of the vote presented to us in a sealed cover by Jaidev Singh, Principal Secretary (Legislature and Parliamentary Affairs) and we find that 33 votes out of 61 were cast in favour of Rawat," the bench said.
"We also clarify that nine members of the Legislative Assembly did not vote as they stand disqualified," it said.
Earlier, Attorney General Rohatgi said that "it is clear from news and other reports that orderly vote did take place and Rawat proved his majority. I have taken instruction from the government and instruction from the very highest authority is that we will revoke the President's rule."
Read: Uttarakhand crisis: Harish Rawat seeks to bury hatchet with Centre
"I also have an instruction that this can only be done with the leave of this court. We will revoke the President's rule from today. I have also advised the government to revoke the President's rule," the AG said.
Senior advocate Sibal said, "Our appreciation is for the fair stand taken by the AG." The AG said, "His (Rawat's) government has to be restored forthwith."
The bench also recorded the statement of Jaidev Singh that there was no irregularity in the voting.
"We accept the same. We hasten to add the same is accepted by the Attorney General," the bench said.
At this juncture, the AG submitted that the order of April 22, 2016 putting in operation the President's rule, after the high court had quashed it, has to be modified so that Union of India can take steps for revocation of the President's rule.
"Keeping in view the prayer of the AG, we vary the order by granting liberty to Union of India to revoke proclamation of President's rule in course of the day.”
"After it is revoked, the order of revocation of proclamation of President's rule will be produced so that an appropriate order can be passed," the bench said.
"Needless to say, after the revocation of the President's rule, Rawat can assume the office of Chief Minister of Uttarakhand," the bench said.
Read: Uttarakhand trust vote 'victory for democracy': Sonia Gandhi
The bench said there are two other aspects which needed clarification. "First, justifiability of proclamation of President's rule made on March 27 which has been annulled by the HC, will remain alive for the high court has ascribed many a reason to arrive at the conclusion that the said proclamation was not tenable in law," it said.
The bench said it has to be scrutinised in judicial review whether the opinion arrived at for proclamation of President's rule was justified or not.
The second aspect is that of 9 MLAs who were disqualified by the Speaker and their disqualification was upheld by the HC and has been assailed in the Special Leave Petition and "this court refused to grant interim order of stay on the relevant SLP by May 9 order and matter has been adjourned for July 12.
"What will be the effect of the disqualification is the matter of debate. We do not say anything on that," the bench said and posted the matter for Friday.
On Friday, it will peruse the order of revocation of proclamation of President's rule in Uttarakhand while also fixing the next date for hearing the appeal filed by Centre against the HC order quashing imposition of President's rule under Article 356 of the Constitution.
Normally the courts will not interfere in President’s Rule. But, in this case, the court justified its intervention and the appointment of an observer for the “floor test”, saying the purpose is to save the sanctity of democracy which is the basic feature of our Constitution.
This court, being the sentinel on the qui vive of the Constitution, is under the obligation to see that democracy prevails and is not hollowed by individuals. The directions which have been given were singularly for the purpose of strengthening democratic values and constitutional norms.
This is the third time that the apex court had a ordered floor test to determine the majority in the Assembly. It first happened in February 1998 when Kalyan Singh and Jagdambika Pal tested their respective strengths. At that time the UP governor summarily dismissed the Kalyan Singh-led BJP government and appointed Loktantrik Congress leader Jagdambika Pal as CM. In the floor test conducted under the supervision of the apex court, Kalyan Singh proved his majority and became CM.
Similarly, in March 2005, when the Jharkhand governor invited Shibhu Soren to form the government, the apex court ordered a composite floor test to determine whether Shibu Soren or Arjun Munda enjoyed majority. Since Shibu Soren failed to prove his majority and resigned, Arjun Munda became CM.
