Breaking: Supreme Court Allows To Conduct Floor Test In Maharashtra Assembly Tomorrow

The Supreme Court has refused to stay the floor test in the Maharashtra Assembly tomorrow. The same will however be subject to the final outcome of 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.The order was pronounced at 9 PM after the Court held a special sitting for over three hours from 5 PM.The order passed in the case Sunil Prabhu versus Principal Secretary, Governor of Maharashtra and others stated :"Having given our thoughtful consideration to the rival submissions:(i) We do not find any ground to stay convening of the Special Session of the Maharashtra Vidhan Sabha on 3062022, i.e, tomorrow at 11.00 a.m. with the only agenda of a trust vote; (ii) The proceedings of the trust vote to be convened on 3062022 shall be subject to the final outcome of the instant Writ Petition as well the Writ Petitions referred to above; (iii) the Special Session of the Maharashtra Vidha Sabha shall be conducted in accordance with the directions as contained in the communication dated 2862022 of the Governor of Maharashtra".The petition has been directed to be posted on July 11 along with the earlier petition filed by Eknath Shinde group challenging the disqualification proceeedings initiated by the Deputy Speaker.The vacation bench of Justices Surya Kant and JB Pardiwala orally remaked during the hearing :"We don't think the matter will become infructuous. Suppose if we find later that floor test was conducted without authority, we can annul it. It is not an irreversible situation."Meanwhile, the Court has issued notice on Prabhu's petition and directed the Respondents to file their response.The matter was listed for urgent hearing after a mentioning made by Senior Advocate Dr AM Singhvi earlier today. He argued that rebel MLAs who have defected cannot represent the will of the people and hence, unless the issue with respect to their disqualification is decided by the Speaker, the floor test cannot be conducted.Senior Advocate Neeraj Kishan Kaul appearing for the rebel MLA Eknath Shinde argued that Deputy Speaker cannot proceed with the disqualification proceedings when the resolution seeking his removal is pending. He further argued that mere pendency of disqualification proceedings is no ground to interdict the floor test. Disqualification and floor test are two distinct fields he argued. He claimed that 39 out of 55 MLAs are in the dissident group, supported by 9 independent MLAs. Of these, 16 were served disqualification notices. He added that the Chief Minister's reluctance to face the floor test will be prima facie construed that he lost majority in house; it is the hopeless minority of 14 who are opposing the floor test.Senior Advocate Maninder Singh for the Respondents argued that the the aid of ministers is not required for the Governor to order floor test. Thus, the Petitioner's argument that the Governor acted without aid and advice of the council of ministers is not relevant.Solicitor General Tushar Mehta appearing for the Governor argued that the parameters (malafide conduct) for challenging Governor's order are not met by the Petitioners. (Read Singhvi's arguments on Governor's conduct here)Live updates here.Why Is Shiv Sena opposing the Floor Test?Firstly, Singhvi claimed that there is undue haste and hurry inasmuch as the notice for conducting a floor test tomorrow was given only this morning. Moreover, two NCP MLAs are down with Covid whereas two Congress MLAs are abroad. Thus, they cannot be expected to be available for the floor test by a one-day notice.Secondly, he argued that the floor test is supposed to find out the true majority, which includes "eligible" MLAs. Singhvi submitted,"The people who have changed sides and defected cannot represent the will of the people...It is akin to saying Election Commission holding election saying that the electorate will include dead people or people who have moved out. If it is done without determining if A,B, C D are disqualified, the pool in which the floor test will be held will change...The size of the pool will depend on whether people have committed the Constitutional sin of defection. If the Court is to dismiss the petition of Eknath Shinde, but everybody has voted tomorrow, and decision on who can vote is dependent on Court's decision on 11th, will it not amount to putting the cart before the horse, if voting is allowed to proceed without determining who all are eligible to vote?"He relied on Supreme Court's judgment in Rajendra Singh Rana v. Swami Prasad Maurya.SG Mehta on the other hand submitted that the impugned decision was taken by the Governor in view of various letters sent to him. "The Governor in totality is satisfied, based on relevant materials, that you have to immediately go to the floor of the house. In the absence of anything pointed out that the #Governor decided based on extraneous circumstances or...

Breaking: Supreme Court Allows To Conduct Floor Test In Maharashtra Assembly Tomorrow

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