Even as the Madhya Pradesh speaker has adjourned the state assembly till March 26, the Supreme Court on Tuesday has served notice to the speaker, Principal Secretary of assembly and the Governor. The matter will be listed on Wednesday at 10.30 AM.
On Monday, minutes after the speaker NP Prajapati adjourned the assembly, without ordering a floor test, BJP moved Supreme Court against the speaker. The plea was filed by the party is Shivraj Singh Chouhan vs Speaker NP Prajapati and it urged the top court to order a floor test to ensure a stable government in Madhya Pradesh.
In the plea, the saffron party has stated that Kamal Nath government has "lack of confidence" and his government has been "reduced to a minority." "It has no moral, legal, democratic or constitutional right to remain in power even for a single day. All possible attempts are being made by the Hon’ble Chief Minister to convert his minority government into the majority by giving all possible threats, allurements to the members of the Madhya Pradesh Vidhan Sabha. The horsetrading is at its peak. Therefore, it is essential that floor test is conducted on 16.3.2020 itself as already directed by Hon’ble Governor, so that it becomes absolutely clear as to whether the Hon’ble Chief Minister continues to enjoy the confidence of the majority of the Madhya Pradesh Vidhan Sabha," the plea stated.
Even as the Congress and the BJP MLAs reached the assembly on Monday morning amid uncertainty on floor test, Kamal Nath's letter to the Governor surfaced, in which he had said that Floor test at this time is 'undemocratic.' He added that he had already apprised Governor BJP's attempts of poaching and horse-trading. He added that the floor test is only possible when the MLAs are set free.
"Floor test in such a situation will be unconstitutional and undemocratic." Citing Paragraph 173 and 175 of a verdict by Supreme Court in the Nabam Rebia and Bamang Felix Vs Deputy Speaker, Arunachal Pradesh Legislative Assembly and others, he said that governor has limited powers. He went on to accuse the governor of trusting the BJP sources to believe that Kamal Nath government has lost its majority.
With the current halfway mark at 114 in the 228-MLA assembly, BJP currently holds 107 MLAs of its own. Congress which held 114 MLAs - has now been reduced to 108, with the acceptance of the six ministers' resignation. Overall, if the resignation of all 22 rebel MLAs is accepted, the halfway mark will be reduced to 103.