The Uttarakhand High Court on 9 May disqualified the nine rebel Congress MLAs from voting in the 10 May assembly floor test.
The MLAs have approached the Supreme Court. The matter is scheduled to be heard at 2PM on 9 May.
Justice UC Dhyani passed the order after nearly three hours of arguments on both sides. On 6 May, The Supreme Court ordered a monitored floor test in Uttarakhand Assembly on 10 May.
The apex court directed that the nine rebel Congress MLAs, who have challenged their disqualification by the Speaker in the High Court, will not participate in the floor test "if they have the same status" at the time of vote of confidence.
With the top court order, the effective strength of the House will be reduced from 70 to 61 in which any party mustering the support of 31 MLAs will have the majority.