In yet another twist to the ongoing political drama in Uttarakhand, the Division Bench of high court on Wednesday stayed till April 7 the floor test in the Assembly that was slated for Thursday.
The two-judge bench gave the relief to the Centre and Uttarkhand, now under central rule, which had challenged the order of the single judge U C Dhyani, who had directed a floor test on Thursday.
The bench headed by Chief Justice K M Joseph posted the matter for April 6 for final hearing on the writ petition filed by ousted Chief Minister Harish Rawat challenging the imposition of President's Rule in the state.
"In view of the consent of the parties that the writ petition be posted to 06-04-2016 for being disposed of finally, we direct that the order, which is impugned in these appeals will be kept in abeyance till 07-04-2016," said the bench, also comprising Justice V K Bist, in a brief order
The order came after Attorney General Mukul Rohatgi, appearing for the Centre, strongly opposed on Tuesday's order saying courts cannot interfere with the Presidential proclamation.
"How can a floor test be ordered when a Presidential proclamation is in force and the assembly is in suspended animation," Rohatgi said.
He also wondered how there could be two governments in place if the single-judge order was to be enforced.
Earlier, the division bench queried the AG as to what was the hurry for imposition of President's rule as a floor test would be the best way to decide majority.
Rohatgi argued that the Centre should be given a chance to explain its position on why the President's rule was imposed.
The Bench noted that the AG and senior advocate Abishek Manu Singhvi, who appeared for Rawat, agreed that the writ petition which has given rise to these appeals may be "withdrawn to this Bench" and be finally disposed of.
The AG said the Centre's counter affidavit, along with that of Centrally-ruled Uttarakhand, would be filed by April 4. The court gave 24 hours to petitioner Rawat to file a rejoinder affidavit to counter affidavits.
Earlier, the trust vote was slated for March 28 but the Centre imposed President's Rule on March 27, citing "breakdown of Constitutional machinery" in the state.
This was challenged by Rawat before the single judge U C Dhyani of the High Court.
The single judge, while ordering the floor test on March 31, had also allowed nine disqualified rebel Congress MLAs to participate in the voting.
Congress was unhappy and had planned to challenge this aspect of the order.
Ordering the floor test on Tuesday, Justice Dhyani had observed that invoking of Article 356 of the Constitution by the Centre was a "colourable exercise of power".
"Democratically-elected Houses should not be demolished in such a fashion. Floor test is the only test to prove the majority," he had said even though he ruled out staying the effect of the proclamation under Article 356 at this stage.
Advocate Nalin Kohli, who was part of the lawyers' team representing the Centre, said the Centre will file its counter before the Division Bench on April 4 for which the other side will file its reply the next day.
Meanwhile, Justice Dhyani put off hearing on a plea by rebel Congress MLAs challenging their disqualification by Speaker Govind Singh Kunjwal after President's Rule was imposed.
