NAINITAL/NEW DELHI, May 9 - Sacked Chief Minister Harish Rawat today got a major boost ahead of the confidence vote in the Uttarakhand Assembly tomorrow with the High Court dismissing the petition of nine Congress MLAs challenging their disqualification and the Supreme Court refusing to give any relief to them.
It is advantage Rawat as Justice UC Dhyani of the High Court dismissed two writ petitions filed by the rebel Congress MLAs against the Speaker�s action, holding that by their conduct the lawmakers have �voluntarily given up membership of their political party�, a ground for disqualification under the anti-defection law.
�This court, subject to scrutiny of the Speaker�s action on the principles of natural justice, therefore, holds that the ingredients of paragraph 2 (1) (a) of the Tenth Schedule of the Constitution are met against the petitioners.
�By their conduct, it has been established that they have �voluntarily given up membership of their political party�, even if they have not become members of any other political party,� Justice UC Dhyani said in his 57-page judgement.
After excluding the nine disqualified MLAs, the Assembly has an effective strength of 61 members. Of that, the Congress has 27 MLAs on its own and claims the backing of the six-member PDF to make the ruling side�s figure of 33. Rawat needs the backing of 31 MLAs for a simple majority.
The BJP has 28 MLAs, including that of Bhim Lal Arya, whose loyalty is in doubt. The PDF comprises two of BSP, one of Uttarakhand Kranti Dal and three Independents. � PTI
