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 7:00 PM IST
Kaul : Dy Speaker ignores Nabam Rebia decision. And this Court came to the rescue of the legislators. If he had chosen to do that, we would have sincerely persuaded this court to stay the order.
29 Jun 2022 6:58 PM IST
Kaul : How can you rule out political considerations from this? This is the exact words used by Rabia case. So a pecking order is laid. First removal of Speaker. Then disqualification proceedings.
29 Jun 2022 6:56 PM IST
Justice Kant : Hypothetical question, we asked Singhvi also, can there be a situation against democratic morality that the Govt, knowing that it has lost majority, is using the office of the Speaker to issue disqualification notices ?
Kaul : Rabia decision is exactly this.
29 Jun 2022 6:55 PM IST
Kaul : Even in cases of Shiv Sena and Parameshwar (Maharashtra & Karnataka assembly cases 2020 & 2019), the Supreme Court went on to say, we will decide larger questions on a later date but ordered that floor test must be held immediately.
29 Jun 2022 6:54 PM IST
Kaul : As far as power of Governor is concerned, I need not labour, on certain issues, Governor can act on his discretion. Floor test is his discretion. Is the action of Governor in this matter so irrational?
29 Jun 2022 6:53 PM IST
Kaul : The more you delay a floor test, the more damage and violence you do to the Constitution. If you want to prevent horse-trading, the best way to stop is floor test. Why are shying away from this?
29 Jun 2022 6:52 PM IST
Kaul : If Speaker had passed that order, we would have persuaded your lordships to stay the order as per Rebia decision.
29 Jun 2022 6:50 PM IST
Kaul : The only argument is that because your lordships have issued notice, floor test must be deferred.
J Kant : Not just notice, because of interim order.
29 Jun 2022 6:50 PM IST
Kaul : Can there be a better place in a democracy to determine who is supporting the govt than the floor of the house?
29 Jun 2022 6:49 PM IST
Kaul: How can the petitioners be permitted to argue this point when SC says pendency of the matter does not come in the way?
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