<p>The Supreme Court on Wednesday said it was a matter of debate if another floor test could be ordered in Uttarakhand Assembly in case the court decided in favour of disqualified 9 Congress party MLAs.<br /><br /></p>.<p>A bench of Justices Dipak Misra and Shiva Kirti Singh, which noted the Centre’s decision to revoke President’s Rule in the state, paving the way for Harish Rawat’s reinstatement as chief minister, also clarified that the matter did not end there.<br /><br />The Uttarakhand High Court’s judgment quashing the Presidential proclamation will “remain alive” and it will be tested on the anvil of the law and the Constitution, the court said.<br /><br />“The High Court has ascribed many a reasons to arrive at the conclusion that the said proclamation was not tenable in law. It required to be scrutinised whether within the scope of judicial review, such a finding could have been arrived at or for that matter whether the opinion arrived at by the President of India to proclaim the President’s Rule at the relevant point of time was justified or not,” the court said.<br /><br />Advocate M L Sharma, appearing for rebel Congress MLA Shaila Rani Rawat, contended she was disqualified by the Speaker a day after the imposition of President’s rule. Rawat’s advocates countered the plea saying she had raised similar argument before the High Court, which had rejected her contention.<br /><br />“If this man (Rawat) becomes Chief Minister and supposing we set aside the disqualification of the MLAs in the future, there will have to be another floor test to be seen,” the bench said, pointing out the issue relating to the disqualification of 9 rebel Congress MLAs will be examined on July 12.<br /><br />“What will be the effect, if in the ultimate eventuate case the disqualification is set at naught would be a matter of debate. We say nothing on that score at present,” the bench said in its order.</p>
<p>The Supreme Court on Wednesday said it was a matter of debate if another floor test could be ordered in Uttarakhand Assembly in case the court decided in favour of disqualified 9 Congress party MLAs.<br /><br /></p>.<p>A bench of Justices Dipak Misra and Shiva Kirti Singh, which noted the Centre’s decision to revoke President’s Rule in the state, paving the way for Harish Rawat’s reinstatement as chief minister, also clarified that the matter did not end there.<br /><br />The Uttarakhand High Court’s judgment quashing the Presidential proclamation will “remain alive” and it will be tested on the anvil of the law and the Constitution, the court said.<br /><br />“The High Court has ascribed many a reasons to arrive at the conclusion that the said proclamation was not tenable in law. It required to be scrutinised whether within the scope of judicial review, such a finding could have been arrived at or for that matter whether the opinion arrived at by the President of India to proclaim the President’s Rule at the relevant point of time was justified or not,” the court said.<br /><br />Advocate M L Sharma, appearing for rebel Congress MLA Shaila Rani Rawat, contended she was disqualified by the Speaker a day after the imposition of President’s rule. Rawat’s advocates countered the plea saying she had raised similar argument before the High Court, which had rejected her contention.<br /><br />“If this man (Rawat) becomes Chief Minister and supposing we set aside the disqualification of the MLAs in the future, there will have to be another floor test to be seen,” the bench said, pointing out the issue relating to the disqualification of 9 rebel Congress MLAs will be examined on July 12.<br /><br />“What will be the effect, if in the ultimate eventuate case the disqualification is set at naught would be a matter of debate. We say nothing on that score at present,” the bench said in its order.</p>
