The central government will respond on Friday on the Supreme Court's proposal for a floor test in Uttarakhand Assembly under its supervision. Attorney General Mukul Rohatgi on Wednesday told the apex court that the Centre will take a final call on the issue before Friday.
"The matter was taken up today as the court had made a query yesterday about the floor test. I will respond on behalf of the central government on Friday," said Rohatgi.
He further said that the apex court would start the final hearing in the case, pertaining to imposition of President's rule in Uttarakhand, if the Centre disagrees with a Supreme Court-monitored floor test.
A bench comprising Justices Dipak Misra and and Shiva Kirti Singh, posted the matter for hearing on Friday after Attorney General Mukul Rohatgi said he has conveyed in right earnest the court's suggestion which is under serious consideration by the government.
The bench recorded the submission of Attorney General that "Union of India is seriously considering the suggestion given by this court to have a floor test in Assembly to put an end to the controversy that has emerged in this case".
The bench also noted the submission of sacked Chief Minister Harish Rawat's counsel Kapil Sibal and Abhishek Manu Singhvi that they have no objection if Government accepts the suggestion.
The bench noted that if Government accepts the suggestion, it would subserve the cause of democracy.
While posting the matter for hearing on May 6, the bench said if the AG does not obtain instructions on the suggestion, the matter will be taken for hearing and there is also a possibility that the matter will travel to Constitution bench for full fledged debate.
Meanwhile, Uttarakhand High Court Chief Justice KM Joseph, who had headed the bench that quashed the President's rule in the state, was reportedly transferred to the Andhra Pradesh High Court.
On Tuesday, the apex court had deferred the Centre's appeal against the Nainital High Court's verdict, asking the Attorney General to take instruction from the Centre on the possibility of holding a floor test under its supervision.
The Nainital High Court on April 21 declared the President's rule imposed in the state on March 27 as unconstitutional. The court had also ordered the floor test on April 29.
But the Centre moved the Supreme Court and on April 22, the apex court ruled that there would no floor test in the Uttarakhand Assembly on April 29 and that President's rule in the state would remain in force till further hearing.
The SC had also said it would try to give a verdict by May 13.
Earlier the court asked some tough questions to the Centre over the Uttarakhand crisis. The apex court questioned whether proceedings in the Assembly could be considered for imposing President's rule. The court also sought an answer on when the President's rule comes into the picture with regards to the Appropriation Bill.
"Could the Governor have sent the message in the present manner under Article 175 (2) for conducting floor test? Is disqualification of MLAs by the Speaker a relevant issue for the purposes of invoking President's rule under Article 356?" the court asked.
President's rule was imposed in Uttarakhand on March 27, just ahead of a trust vote by the Harish Rawat government.
(With PTI Inputs)
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