The Supreme Court will hear today at 5PM the petition filed by Shiv Sena Chief Whip Sunil Prabhu challenging the Maharashtra Governor's direction to the Chief Minister to prove majority of Maha Vikas Aghadi Government by taking floor test in the Assembly tomorrow.Senior Advocate Dr AM Singhvi mentioned the matter for urgent listing before a vacation bench comprising Justices Surya Kant and...
Live Updates
2022-06-29 14:45:34
29 Jun 2022 6:05 PM IST
Singhvi now refers to MP assembly case (2020) : It was a case where artificial majority was created by engineering resignations. After resigning, govt falls, and you become a minister in a new govt as a reward for resignation and in 6 months you get re-elected
29 Jun 2022 6:03 PM IST
Singhvi : In Rawat, Uttarakhand case, see para 17, there was a submission that disqualified persons should be allowed to vote. It was a case of floor test where disqualification was decided
29 Jun 2022 6:01 PM IST
Singhvi : All the other cases are of simple floor test. There is no intersection with disqualification. Those were simple cases with no imminent disqualification. Now, in Rawat case (Uttarakhand), note para 17..
29 Jun 2022 6:00 PM IST
Singhvi : The personal immunity from answerability under Art 361 does not bar the examination of mala fides.
29 Jun 2022 5:58 PM IST
Singhvi : What is the scope of immunity of Art 361? They are bound to cite it. 361 only means Court will not make Governor a party and issue notice to him. That is why we take care to make Secretary a party.
29 Jun 2022 5:57 PM IST
Singhvi : Your lordships are not barred (from reviewing governor's decision).
29 Jun 2022 5:55 PM IST
Judicial review of Governor’s satisfaction -Singhvi refers to Rameshwar Prasad v Union of India .
29 Jun 2022 5:51 PM IST
Singhvi cites decisions on judicial review over Governor's decision.
29 Jun 2022 5:50 PM IST
Singhvi refer to Kihoto decision."The object of 10th schedule is to curb the evil of political defections motivated by lure of office or other similar considerations which endanger the foundations of our democracy".
29 Jun 2022 5:47 PM IST
Singhvi : Is it not making a mockery of all this law, Constitution Bench decision and 10th schedule?
J Kant : Is it on facts that they have sent a letter asking for a govt to be formed by the opposition?
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