Majority test in Maharashtra assembly tomorrow, Supreme Court said – decision will be taken in the house only
Amit Singh
Mumbai/New Delhi, 29th June 2022: On the floor test in Maharashtra legislative assembly, the Supreme court said that the pending disqualification case of MLAs cannot stop the floor test.
The Supreme Court upheld the Governor’s decision for calling the special session in the Maharashtra assembly on June 30. With this, CM Uddhav Thackeray has suffered a major setback.
However, earlier in the cabinet meeting, CM Uddhav thanked the ministers for their cooperation for two and a half years. It has been learned from sources that he may resign from his post before the floor test.
The Supreme Court said that we are of the opinion that the right solution to these issues can be the House of the Legislative Assembly. Referring to the Bommai case, the court said that the majority decision can be taken only in the House.
Earlier, during the hearing, advocate Neeraj Kishan Kaul, representing the Eknath Shinde faction, said that when the question is being raised on the Deputy Speaker, then how can he decide on the qualifications of the members. He said that the floor test should not be delayed. If this happens then horse trading can get a boost.
Kaul said there was nothing wrong with the governor’s decision. The issue of disqualification of MLAs is a different matter and the issue of conducting floor tests is a different one. He challenged Mahavikas Aghadi (MVA) and said that if you have the numbers then you will win the floor test.
Kaul said the minority government was trying to stay in power. If he has majority then he must prove it.
Abhishek Manu Singhvi, appearing for Shiv Sena, said that the disqualification of MLAs should be decided before the floor test. On this, the Supreme Court said that we will decide whether the MLAs who have been given disqualification notices are valid or not.
Shiv Sena Chief Whip Sunil Prabhu’s counsel told the Supreme Court that Devendra Fadnavis had met the Governor last evening only and today a notice was sent to us. This order has been given at a time when two NCP members are corona infected and one Congress MLA is out of the country. In such a situation, how can there be a floor test tomorrow?
Singhvi also referred to the Shivraj and Harish Rawat cases during this period.
Question on the role of the governor – a little too much speed Apart from this, Abhishek Manu Singhvi said that first the decision should be taken only about the Speaker of the Assembly. He said there would be a big change in the numbers after the Speaker’s decision. Questioning the decision of the Governor, he said that he has acted too fast. Not only this, Singhvi also questioned the procedure of the Governor’s order. He said that the governor did not even take the advice of the cabinet on this issue. He took this decision only on the basis of the demand of the Leader of the Opposition.
‘if the floor test is not done tomorrow, the sky will not explode’ Singhvi said that the 10th Schedule of the Constitution is being mocked in this matter. Shiv Sena’s advocate said that if the floor test is not held tomorrow, then no sky will break.
“Defection MLAs do not represent public opinion. Can’t the governor trust the court not to conduct the floor test tomorrow? If there is no majority test tomorrow, the sky will not fall”
Keeping two conditions, Singhvi said that either the disqualification of the MLAs should be decided first or the floor test should be postponed, Singhvi argued.
Governor can’t be wrong: SG Tushar Mehta Solicitor General Tushar Mehta, in his plea in the Supreme Court, said that the deputy speaker himself had given two days’ time to cancel the membership. In a democracy, the decision on the majority is possible only through floor test. In many decisions, the order for floor test has come from the court within 24 hours. At the same time, now the Deputy Speaker is saying that why the decision in 24 hours?
Meanwhile, security has been beefed up in Mumbai ahead of the majority test. 20 officers of DCP rank have been deployed for security.
Governor is not a holy cow: Singhvi
Arguing on behalf of Shiv Sena, Singhvi said that if the deputy speaker can be political, then why can’t the governor. The governor is not a holy cow and the deputy speaker is political. The Governor spoke to the Leader of the Opposition but did not even talk to the CM. He did not even consult the government. The same governor did not allow the nomination of MLC for one year.
MLA of Eknath Shinde faction left from Guwahati
Meanwhile, MLAs of Eknath Shinde faction have checked-out from Radisson Blu Hotel in Guwahati. It is reported that instead of going directly to Mumbai from Guwahati, these MLAs will reach Goa and stay at the Taj Hotel there, where 70 rooms have been booked for them. After that on Thursday, these MLAs will reach Mumbai directly and take part in the floor test.
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