29 Jun 2022 5:25 AM GMT
The Supreme Court has agreed to hear today 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...
The Supreme Court has agreed to hear today 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 JB Pardiwala.
While allowing urgent listing, Justice Kant said, "Ultimately we may agree or we may not agree, but having regard to the urgency, we think the matter is to be heard today...We will keep the case at 5 PM. tentatively we are fixing 5 o clock."
In the meantime, the Court has asked the petitioner to complete the filing and keep the paper book ready by 3 PM.
Singhvi informed the court that the notice for conducting a floor test tomorrow came only this morning. "Floor test is illegal as it cannot include persons facing disqualification. I am only requesting for listing today evening. Otherwise matter will become infructuous," he said.
Senior Advocate Neeraj Kishan Kaul, who represented Eknath Shinde in his plea challenging the disqualification notices issued by the Deputy Speaker, opposed the request. Kaul submitted,
"Calling for the floor test is the prerogative of the Governor. In any case, pendency of a disqualification application has nothing to do with floor test. Supreme Court has held so."
Solicitor General Tushar Mehta appearing for the Governor was agreeable to matter being taken up and requested that they be served with the copies. "It is lordships' prerogative."
On Monday (June 27), Senior Advocate Devadatt Kamat had made an oral plea for an interim order against holding floor test in the house till July 11, the next date of hearing of the petition filed by Eknath Shinde and his rebel MLAs challenging the disqualification proceedings initiated by the Deputy Speaker against them.
However, the same bench turned down Kamat's plea, saying that it cannot pass orders merely on the basis of presumptions.
"Our apprehension is that they are going to ask for a floor test. That will alter the status quo", Kamat, who represented Anil Chaudhary and Sunil Prabhu, the Legislative Party Leader and the Chief Whip of Shiv Sena respectively, submitted.
The bench said that the respondents can approach the Court if anything unlawful happens. Kamat urged the bench to record in the order his oral plea and to make a specific observation that the liberty has been granted to approach the Court.
Expressing disinclination to make any such observation, Justice Kant had said, "Do you need our liberty to approach us? Let us not create any complications on basis of apprehensions not founded now..."