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SC remarks: ‘Centre Govt. is wedded to Democracy’ as Rawat bounce back as CM of UK as of now

May,11,2016:

Kapil Sibal and Abhishek Manu Singhvi applauded AG Mukul Rohatgi for being very,very fair.

Back into the Driving Seat courtsey SC
Back into the Driving Seat courtsey SC

Modi Govt. conceded today in the Supreme Court that Ex. CM Harish Rawat has won the trust vote conducted on yesterday and President’s rule in the Hill State will be revoked in the course of the day.

The Centre sstated beforethe Court that Mr. Rawat, who had led the State’s Congress-led government before his ouster on March 27, is to be restored back as the Chief Minister the very moment President’s rule is revoked today.

The Attorney-General Mukul Rohatgi stated before a Bench of Justices Dipak Misra and S.K. Singh while opening the sealed cover containing the results of the floor test. It was the extraordinary measure suggested by the Apex Court to restore democracy in the State.

The AG’s admission of Mr. Rawat’s victory by a comfortable margin of 33 to 28 (for the BJP) out of a total 61 votes won him appreciation from senior advocates Kapil Sibal and Abhishek Manu Singhvi for being “very, very fair” and the Bench recorded in its order that the “Centre is indeed wedded to democracy.”

“It is clear from this news that an orderly voting took place in the UK Assembly on May 10. It is clear that Mr. Rawat won a majority. We will revoke the order of proclamation order of President’s rule today itself and this assurance is from the highest quarters in Govt,” Mr. Rohatgi submitted as soon as hearing started.

However, the SC clarified that the petition filed by Mr. Rawat challenging the constitutionality of the proclamation of President’s rule would remain alive and will be judicially reviewed.

The Apex Court will also be separately hearing nine dissident Congress MLAs who had challenged their disqualification by the Speaker for “horse trading” due to which they were not allowed to vote in the floor test. Had these MLAs voted, the numbers would have favoured the BJP in the Assembly.

The court indicated that in case it decides in the future that the disqualification of these 9 MLAs were arbitrary, a second floor test would be a real possibility.

“If this man [Mr. 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 in the State,” Justice Dipak Misra observed.

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