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2016 Supreme(SC) 339

DIPAK MISRA, SHIVA KIRTI SINGH
UNION OF INDIA – Appellant
Versus
HARISH CHANDRA SINGH RAWAT – Respondent


ORDER

On being mentioned, the matter is taken on Board.

2. On 06.05.2016, this Court, after taking note of the order passed on 22.04.2016, had passed an order to which both the parties had agreed. It was also conceded that the floor test should be conducted under the supervision of this Court. Ordinarily, there should not have been any difficulty or occasion to mention. However, submits Mr. Rohtagi, learned Attorney General for India, that in paragraph 9 and 10 of the order, this Court had stated about the role of the Principal Secretary, Legislative Assembly of the State of Uttarakhand. To have a complete picture, we think it appropriate to reproduce paragraphs 9 and 10 of the previous order. They read as follows :

“(9) The Principal Secretary, Legislative Assembly of the State of Uttarakhand, shall see to it that the voting is appositely done and recorded.

(10) The Members voting in favour of the Motion shall singularly vote by raising their hands one by one and that will be counted by the Principal Secretary, Legislative Assembly. Similar procedure shall be adopted while the Members voting against the Motion.”

3. It is urged by Mr. Rohtagi that a communication was sent to the princip













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