Supreme Court orders floor test, saying that results will be subject to the outcome of Sena Sena chief whip’s petition against the governor’s decision
Supreme Court says that the results of the floor test will be subject to the outcome of Sena Sena chief whip Sunil Prabhu Prabhu’s petition against the governor’s decision.
Supreme Court has issued a notice on the plea, ordering a floor test for the Uddhav Thackeray-led Maharashtra government on Thursday.
Floor test ordered by Supreme Court amid political crisis
The Supreme Court ordered a floor test for the Uddhav Thackeray-led Maharashtra government Trouble for Maharashtra Government; 30 MLAs Led by Eknath Shinde camping in a hotel at Suraton Thursday, claiming that a floor test is the only way to settle issues about Maharashtra politics.
This follows the rebellion by Shiv Sena leader Eknath Shinde leading to a crisis for the Maha Vikas Aghadi (MVA) government.
The Supreme Court was hearing a petition filed by the Maharashtra government challenging the chief minister to prove his majority in the Assembly on Thursday.
The Apex Court asserts that the results of the floor test will be subject to the outcome of Shiv Sena’s chief whip Sunil Prabhu’s petition against the governor’s decision, issuing a notice on the plea. The matter was taken up for hearing after senior advocate Abhishek Manu Singhvi sought an urgent hearing before the apex court in the case.
Jailed NCP leaders Nawab Malik and Anil Deshmukh will be allowed to vote in the floor test, the Center and Enforcement Directorate told the court.
A vacation bench of the SC, headed by Justice Surya Kant and also comprising JB Pardiwala, said, “Our understanding is that the floor of the House is the only way to settle all issues.” It added the court will deal with the petition for disqualification of rebel MLAs separately.
Criticism against floor test
Singhvi earlier complained against the “supersonic” speed of the governor in ordering a floor test. He said two NCP MLAs are down with Covid, while two Congress legislators are abroad and that it would not be proper to pave the way for a floor test while tying the speaker’s hands.
In a rejoinder, he urged the top court to balance the differences and to defer the floor test by a week, allow the speaker to decide the disqualification proceedings, or postpone the hearing.
Senior Advocate Neeraj Kishan Kaul, who argued for the Shinde faction, said disqualification proceedings or the resignation of MLAs cannot be held as grounds to delay a floor test.
Calling the MVA government a hopeless minority in the party itself, Kaul claimed that they simply want to cling to power. He added that the greater the delay you cause to the floor test, the greater the damage to a democratic polity.
When asked by the bench, Kaul reported that 39 of the 55 Shiv Sena MLAs have parted ways, hence the resistance to the floor test.
The governor has sought to remove infructuous proceedings before the Supreme Court by ordering the floor test, he said while the SC has inquired how the floor test impacts the disqualification proceedings.
Meanwhile, Singhvi said that the members who stand disqualified as of now may be allowed to participate in the floor test while someone who stands disqualified as of June 21 is not allowed to vote tomorrow, adding this court must avoid such a situation.
The SC said the objective of the Tenth Schedule (anti-defection law) must be strengthened in the interest of democracy, and that there should be no dispute. Solicitor general, Tushar Mehta, appearing for the governor, said that the SC didn’t restrain the Speaker, but the law did.
Stating that there will be a dereliction of duty if the floor test wasn’t ordered, Mehta stated that the governor understands that the floor test is mandatory since the source of power in a democracy is the House.
