Sun, Jan 28, 2024
Sun, Jan 28, 2024
ITDC INDIA EPRESS/ITDC NEWS R In a major setback to the Uddhav Thackeray-led Maha Vikas Aghadi government in Maharashtra, the Supreme Court on Wednesday refused to stay the Governor 's order for a floor test in the Assembly on Thursday.
A vacation bench of Justices Surya Kant and J.B. Pardiwala, however, issued notice on Shiv Sena chief whip Sunil Prabhu's plea and said that the floor test will be subject to the outcome of the present petition. Court will hear his plea on July 11.
"We have drafted this short order. We are not staying the floor test as convened by the Governor. We are issuing notice in the writ petition. You can file a counter in five days. We will hear on merits along with other cases on July 11. Tomorrow's proceeding will depend on the final outcome of this petition," the bench said.
The top court also allowed two jailed NCP MLAs—Nawab Malik and Anil Deshmukh—to vote in the floor test which will be held at 11 am. Since Malik and Deshmukh are in judicial custody of the Enforcement Directorate and CBI, both the agencies have been directed to escort them to the Assembly to participate in the floor test and bring them back to the judicial custody.
The government had argued in the court that Governor Bhagat Singh Koshyari showed “undue” and “unholy” haste in ordering the floor test and that he cannot act on the advice of the opposition leader. It also pointed out that the petition regarding the disqualification of the rebel MLAs is till pending before the court.
“While the matter is waiting for adjudication before the Supreme Court, how can the Governor who just recovered from COVID, after a meeting with the Leader of Opposition, ask for a Floor Test the next day?,” asked Abhishek Manu Singhvi who appeared for the Maharashtra government.
Singhvi argued that those who have changed sides and defected cannot represent the will of the people. “Can't the Governor trust the court to not call a Floor Test tomorrow? Will heavens fall if there is no floor test tomorrow?,” he asked.
The rebel camp, however, told the court that the Thackeray-led faction is in a hopeless minority within the party and a floor test in the Assembly is the best way to stop horse-trading.
Senior advocate N.K. Kaul, appearing for rebel leader Eknath Shinde, argued that the pendency of disqualification proceedings before the speaker is no ground to delay the floor test.Any delay in the floor test would cause more damage to the democratic polity, Kaul told the court.
Earlier, Sena chief whip Sunil Prabhu alleged in the top court that the Governor's direction to the state government to take a floor test in the Assembly on Thursday was "malafide, unconstitutional, and illegal."
The petition contended that the Governor vide communication dated June 28, 2022 (which was received today i.e., on June 29 at 9.00 am) has decided to hold a floor test in complete defiance of the fact that this court is seized of the issue of the disqualification proceedings.
The petition stated that there is absolutely no ground or material to call for an urgent floor test on June 30, 2022, when this court is already seized of parallel proceedings and wherein constitutional issues are to be decided.
"The Governor with little or scant respect to the sanctity and dignity of this court has proceeded to go ahead and order a floor test in a clear attempt to shield the MLAs from the punishment entailed on account of the constitutional sin of defection," the petition said.
Prabhu contended that the respondents in the disqualification petitions have already lost their membership on the day they voluntarily gave up their membership from Shiv Sena.
The apex court on June 27 had kept in abeyance the disqualification proceedings against rebel Shiv Sena MLAs before the Deputy Speaker of the state Assembly till July 11, and also sought responses from the state government and others on their pleas questioning the legality of notices seeking their disqualification.
The MVA government is on the brink of collapse after Sena leader Eknath Shinde raised a banner of revolt and left Mumbai with a sizable number of legislators. They were camping at a hotel in Assam's Guwahati for the last one week even as the official Sena faction led by CM Thackeray was exploring all options to placate them.
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