In Brief
In this petition regarding the Uttarakhand Legislative Assembly floor test, the Court addressed whether a neutral observer could supervise voting to ensure objectivity. The Union of India sought to replace a non-existent position (Principal Secretary, Legislative Assembly) with the Principal Secretary, Legislative and Parliamentary Affairs from the District Judge cadre. The Court held that a neutral personality from the judicial cadre must supervise the vote alongside the Secretary, Legislative Assembly to maintain absolute objectivity. The Court emphasized that while ordinarily it should not direct legislative affairs, exceptional circumstances and the need to preserve democratic values justified this direction. The modification ensured no party could challenge the voting process.
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