[Breaking] SC Orders Floor Test In Madhya Pradesh Assembly Tomorrow For Kamal Nath Govt [Read Order]

The Supreme Court on Thursday ordered that floor test should be held tomorrow in the Madhya Pradesh Legislative Assembly for proving the majority of Kamal Nath Government.The test should be by show of hands, and should be videographed.A bench comprising Justices D Y Chandrachud and Hemant Gupta passed the order in the petition filed by former CM Shivraj Singh Chouhan and other BJP leaders seeking immediate floor test in Madhya Pradesh assembly for proving the majority of Kamal Nath Government.The Court ordered that the session, which was adjourned till March 26 on March 16, should be reconvened on March 20 and that the same should be confined to a single agenda -"whether the government of the incumbent Chief Minister continues to enjoy the confidence of the House".The proceedings should be concluded by 5 PM.If the 16 rebel MLAs want to be a part of the test, then the Karnataka DGP and MP DGP must ensure their security, ordered the bench.The bench passed the order at around 6.15 PM, after a day long hearing."The state of uncertainty in the State of Madhya Pradesh must be effectively resolved by issuing a direction for convening a floor test, bearing in mind the principles which have been enunciated in the decision of the nine-Judge Bench of this Court in S R Bommai v Union of India and in the decision of the Constitution Bench in Nabam Rebia v Deputy Speaker, Arunachal Pradesh Legislative Assembly", the bench said in the order.Arguments.On Thursday, the second day of hearing, the bench started hearing the submissions of Senior Advocates Dr A M Singhvi and Kapil Sibal for the MP Speaker and Chief Minister Kamal Nath respectively.The main plank of their submissions was that the Court cannot direct the conduct of floor test when the Assembly is in session. The Court has never ordered so in any of the previous cases, they submitted."When the house is not in session, Governor has the power to convene the same. If Government has lost majority, there has to be a constitutional mandate to call the house. Where to go if the house is prorogued? Never has this happened that the Governor has called for a floor test during a running session", Sibal submitted.Lets not intertwine powers of the Governor with summoning a house with the power to call on the house during a running session. This is sure to result in Constitutional anarchy : Sibal.#MadhyaPradeshPoliticalCrisis— Live Law (@LiveLawIndia) March 19, 2020It was also submitted that the floor test in the present case was sought to "topple down an elected government", which was termed a "constitutional sin".Sibal submitted that even in the Jagdamnba Pal case, SC ordered floor test after both sides were agreeable to it.During the hearing Justice Chandrachud asked Singhvi "Is your argument that a floor test can only be conducted in a running assembly if a no confidence motion has been passed?" Singhvi replied, "Yes, I am so obliged. The other way is, if a money bill stands failed".They further submitted that it was not within the powers of the Governor to ask the Speaker to hold a floor test, when the session is alive. Referring to the letter sent by Governor to the Speaker, Singhvi submitted that the Governor has already pre-judged in his mind that the government has lost majority.Singhvi also pointed out that assemblies of many states such as Kerala, Rajasthan, Chhattisgarh and Odisha suspended in view of COVID19. Even Parliament is considering to adjourn , he said So, can the MP Speaker's decision to adjourn house be called perverse, he asked.Singhvi questions the language adopted in it, says that this only elucidates one thing - that the Governor has already made up his mind.#MPFloorTest #MPPoliticalCrisis— Live Law (@LiveLawIndia) March 19, 2020Senior Advocate Vivek Tankha, appearing for MP Government, said that the Governor cannot get into the "political thicket"."How can the governor form an opinion that the Government is in minority when the resignations of rebel MLAs have not been accepted by the Speaker?, Tankha asked.In reply submissions, Senior Advocate Mukul Rohatgi, appearing for the petitioners, rebutted the argument that Governor cannot order floor test while the house is in session.He said that in SR Bommai case, floor test was ordered to be held while the Karnataka assembly was in session.Rohatgi termed the arguments of Singhvi and Sibal "misplaced" and said that Governor was duty-bound to order floor test if he has reasons to feel that government has lost majority, whether the house is in session or not."Everyday is important, invitation to horse-trading. Every minute that this (Kamal nath's) government is there is unconstitutional", Rohatgi said.Senior Advocate Maninder Singh, appearing for the rebel MLAs, submitted that the Speaker cannot keep a decision on the resignations pending and seek to invoke 10th Schedule against them at the same time."To resign and to abstain, that is our right. We cannot be compelled to do anything", Singh said.Solicitor ...

[Breaking] SC Orders Floor Test In Madhya Pradesh Assembly Tomorrow For Kamal Nath Govt [Read Order]

Sanya Talwar

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