SC orders UP trust vote on Thursday
The Supreme Court on Tuesday declined to stay an
order of the Allahabad high court restoring the Kalyan Singh
government in Uttar Pradesh and directed that the state assembly be
convened on February 26 for a floor test.
"The specially convened session will have a single agenda ... To
have a composite floor test between the contending parties in order
to see which one of the two contending claimants to the office of
chief minister is in majority in the house," the court said.
A three- judge bench comprising Chief Justice M M Punchhi,
Justice S C Aggrawal and Justice K T Thomas, gave the order on a
special leave petition by ousted chief minister Jagdambika
Pal.
The court order came after hearing both the sides in the
jam-packed court number one.
The court fixed February 27 as the next date of hearing when the
result of the floor test would be placed before it.
The impugned Allahabad high court order had directed
restoration of the Kalyan Singh government which was dismissed on
February 21 by governor Romesh Bhandari following withdrawal of
support by the Loktantrik Congress, a coalition partner of the BJP-led government.
Education minister in the Kalyan Singh government, Narendra Singh,
Gaur had approached the high court against the governor's action.
In its order, the apex court emphasised that proceedings of the
February 26 session, scheduled for the afternoon, should be totally
peaceful and warned that any disturbances would be viewed
seriously .
"The result of the composite floor test would be announced by
The speaker faithfully and truthfully. The result is expected to be laid
before us on February 27 at 10.30 am when the bench assembles," the
court said.
" ...This order shall be treated as notice to all the MLAs
besides the notice to be issued by the assembly secretariat ," it
further said.
The order also restrained the Kalyan Singh government from
taking any major decisions in the meantime.
While restoring the Kalyan Singh government, the high court had
desired that the governor convene a session of the assembly in order
to give Kalyan Singh an opportunity to prove his majority.
The petition before the high court is still pending.
A battery of lawyers appeared for both the sides. While senior
counsel Kapil Sibal and Lalit Bhasin appeared for Pal, former
attorney general Soli Sorabjee, former additional solicitor general
Arun Jaitley, senior counsel Harish Salve and additional advocate
general of Uttar Pradesh Adarsh Goel appeared for the Kalyan Singh
government.
Meanwhile, in Lucknow, complying with the order of the Allahabad high court, Loktantrik Congress leader Jagdambika Pal left the chief minister's office in the secretariat annexe here at 10.45 pm on Monday night, bringing to an end his protest sit-in against the reinstatement of Chief Minister Kalyan Singh.
Pal had refused to leave the chief minister's office till he got an executive order from the chief secretary on behalf of the state's governor to comply with the Allahabad high court order reinstating Kalyan Singh. Satisfied after Chief Secretary R S Mathur served the notification he cleared the office.
Governor Romesh Bhandari had directed Mathur to take necessary action in consultation with the law secretary to ensure compliance with the high court order.
UNI
Elections '98
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