Uttarakhand HC refuses to stay disqualification of rebel Congress MLAs

April 12, 2016 07:48 pm | Updated November 17, 2021 04:49 am IST - NAINITAL (UTTARAKHAND):

The Uttarakhand High Court on Tuesday refused to grant an interim stay on the “disqualification” of nine rebel Congress MLAs who, on March 18, had voted against the Appropriation Bill moved by the Harish Rawat government. Their action led to the imposition of President’s Rule on the State.

On March 19, the Speaker served a show-cause notice on them for their alleged involvement in anti-party activities. On March 27, the Speaker declared them “disqualified.” On March 30, the rebel MLAs moved the High Court, calling their disqualification “unconstitutional.”

On Tuesday, the Bench of Justice U.C. Dhyani said: “This court should refrain from passing any interim order till there is an indication from the … Division Bench of this court to do so…”

Lawyer Dinesh Dwivedi, representing the rebel MLAs, said the Election Commission might take steps to fill the nine seats lying vacant in the Assembly after the disqualification.

The Bench said: “Liberty is granted to both sides to mention if the Election Commission takes steps for filling the vacancies…”

Senior lawyer and Congress leader Kapil Sibal, representing the Speaker, argued against any relief to the rebel MLAs.

The next hearing is scheduled for April 23.

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