In the crucial Uttarakhand floor test, Congress on Tuesday claimed victory, even as the results of the vote of confidence were sent to the Supreme Court in a sealed envelope. Even though the floor test was done by 12:00 PM, the declaration of the results will be done by the apex court on Wednesday.

Ahead of the floor test, BSP chief Mayawati had said that both her party’s MLAs will support Congress. President’s rule has been lifted in Uttarakhand on May 10 from 11:00 AM to 1:00 PM, to allow for the floor test.

Sacked Chief Minister Harish Rawat on Monday got a major boost 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.

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 claimed the backing of 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.

Justice U C 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 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 U C Dhyani said in his 57-page judgement.

(With inputs from PTI)