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Mukul convinces Uttarakhand HC bench to suspend single judge order directing floor test in the state assembly on 31 March

The much-expected floor test in Uttarakhand legislative assembly will not take place on 31 March.

On 29 March, a single Judge of the Uttarakhand high court, Justice UC Dhyani had directed the holding of the assembly session on 31 March, while refusing to stay the President’s rule, imposed by the Centre, on 27 March.

Today, the Attorney General, Mukul Rohatgi, managed to convince the division bench of the high court to stay Justice Dhyani’s order till 7 April. The division bench’s order can be read here.

The Central Government based its decision to impose President’s rule on the report from the Governor and other sources. The notification imposing President’s rule is here.

Justice Dhyani, in his judgment held that President’s rule was a colourable exercise of power, as it was imposed to scuttle the floor test, scheduled on 28 March, following a direction from the Governor, KK Paul.

Justice Dhyani had allowed the nine defector Congress MLAs to vote during the floor test, seeking confidence in the ousted chief minister, Harish Rawat, but ordered that the entire result must be sealed and submitted to the court after the vote, while keeping the votes of nine MLAs kept separately.

The division bench has now transferred the petition pending before Justice Dhyani to itself, and will hold the next hearing on 6 April. The division bench comprised of the chief justice KM Joseph and Justice VK Bist.

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