Supreme Court gives nod for floor test in Maharashtra Assembly

In a big development, Supreme Court has given go-ahead to the floor test in the Maharashtra Assembly on Thursday. The vacation bench of Justices Surya Kant and JB Pardiwala said that it is not staying the floor test. Shiv Sena had approached the apex court challenging Maharashtra Governor Bhagat Singh Koshyari's order convening a floor test on Thursday.

Supreme Court issued notice on Shiv Sena Chief Whip Sunil Prabhu's plea and said that Thursday's floor test will be subject to the outcome of the present petition. The court will hear his plea on July 11.

During the hearing, senior advocate Abhishek Manu Singhvi, appearing for Shiv Sena MLA Sunil Prabhu, argued that Governor hastily called for a floor test within 24 hours. He also cited that two Nationalist Congress Party (NCP) leaders are COVID-19 positive and two Congress leaders are abroad.

Singhvi stated that the floor test is supposed to find out the true majority that will include those eligible. "There is the supersonic speed for the Floor Test. The Floor Test determines which government represents the will of the people. A Floor Test is supposed to find out the true majority. The true majority will include those eligible to be included," Singhvi said.

"How could floor test be done till the time decision on disqualification notices not taken?" he asked.

Justices Surya Kant asked Sanghvi if the floor test cannot take place again in 10-15 days, to which, the senior advocate replied that the floor test cannot be normally held without an interval of six months. The Surepeme Court also observed that petition has been filed questioning the Speaker's role.

How is disqualification case affecting the Floor Test?

The Supreme Court bench asked how the disqualification case, which is pending before the apex court, is affecting the floor test. Singhvi replied that it is directly interrelated. "Till the time the matter of disqualification of MLAs is resolved, the faction MLAs must not be given the right to vote at the floor test," he said.

Moreover, the senior advocate said that those who are not the party of the assembly cannot be allowed to vote. "Anybody from the roadside can't vote in the floor test," he added.

Reading out the letter by 34 Sena MLAs to Governor Koshyari, Dr Abhishek Manu Singhvi said, "This itself amounts to giving up membership, as per Supreme Court decisions. Your conduct in approaching Guv is an act of giving up membership."

"Are you disputing that 34 members of your party haven't signed the letter?" the bench asked, to which, senior Advocate replied, "There's no verification. Governor kept the letter for a week and acted only when LoP met him. Every action of Governor is subject to judicial review."

"Suppose, in a hypothetical situation, a Government knows it has lost the majority, and it has used the Speaker to issue disqualification notice. What should the Governor do? Can he exercise his discretion?" the court asked.

Will heavens fall if there is no Floor Test tomorrow?' Singhvi asks

Singhvi said that MLAs sent an unverified email having no trust in Speaker to disable him from exercising 10th schedule power. "The people 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 added.

The vacation bench of Justices Surya Kant and J B Pardiwala asked "Is it correct in this case they wanted the Opposition to form the government?" 

Dr Singhvi responded, "Yes, they say so in their letter. I am today only submitting that milords are not barred (from reviewing governor's decision)."

Senior Advocate Neeraj Kishan Kaul, appearing for Eknath Shide, said, "I have seldom seen a party so afraid to conduct a floor test."

"This (Floor Test) is an area carved out for the discretion of the Governor. Unless the decision of the Governor is held to be grossly irrational or mala fide, there can be no interference," he added. Kaul also stated that the pendency of disqualification proceedings before the speaker is no ground to put a hold on the floor test.