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...
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2022-06-29 14:45:34
29 Jun 2022 7:55 PM IST
SG : Your lordships have not interdicted the Speaker. The Constitution Bench's writ interdicts him. Having cleared that doubt, I could not understand how my order is bad.
29 Jun 2022 7:52 PM IST
SG : Speaker cannot decide his voters list. Speaker cannot decide his electoral college.
29 Jun 2022 7:51 PM IST
SG : Your lordship asked if the office of the Speaker can be misused when the Govt loses majority. One can always ask some member to present disqualification petition and I as a Speaker can decide the electoral college. So I will be deciding who will be voting on removal
29 Jun 2022 7:48 PM IST
Singh concludes.
Solicitor General now appears for Governor.
SG : First of all, the argument that your lordships have interdicted the Speaker is wrong. It is not the lordship's order but the law which has interdicted him.
SG reads Nabam Rebia.
29 Jun 2022 7:46 PM IST
Justice Kant : We don't think the matter will become infructous. Suppose if we find later that floor test was conducted without authority, we can annul it. It is not an irreversible situation.
29 Jun 2022 7:45 PM IST
Singh : By refusing their prayer, your lordships will be meeting the objectives of 10th schedule. The writ petition is filed with support of 16 out of 55.
29 Jun 2022 7:41 PM IST
Singh : Taking the floor test to prove the majority is the principle of natural justice, not asking for the test to be stayed.
29 Jun 2022 7:39 PM IST
Singh : Their argument is that the Governor acted without aid and advice of the ministers. There are judgments to show that the aid of ministers is not required for Floor Test.
29 Jun 2022 7:36 PM IST
Kaul concludes.
Senior Adv Maninder Singh now argues to supplement Kaul's submissions.
"Whenever your lordships have sat late is to order a floor test. This is the first time when it is to stop a floor test" - Singh
29 Jun 2022 7:35 PM IST
Kaul : There are 9 independent MLAs have also given us our support. It is the hopeless minority of 14 who are opposing us.
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