SC to decide when and how of Maha floor test today
NEW DELHI: The legal battle over the Maharashtra developments will end at 10.30am on Tuesday as the Supreme Court is set to pass its order to end the political impasse caused by the governor swearing in Devendra Fadnavis as CM and Ajit Pawar as his deputy.
The decision effectively denied the Maha Vikas Aghadi of Shiv Sena, Sharad Pawar-led NCP and Congress which mathematically enjoys a majority in the new assembly which became hung after Sena snapped ties with BJP. The SC order could set the stage for the crucial floor test in the House.
During the nearly hour-long hearing marked by hotly contested arguments between counsel representing the political parties and the governor’s secretary, a bench of Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna reserved its decision but subtly indicated that it favoured a floor test. However, it did not outline whether this will be a composite floor test, as demanded by the Aghadi, to determine who enjoyed a majority — Fadnavis or Uddhav Thackeray — or when it will be held.
No indication from SC if floor test would take place at special session
The governor had on Saturday given Fadnavis two weeks’ time to prove his majority on the floor of the assembly.
Hearing arguments on the conduct of the floor test, Justice Ramana said, “Leave it to us as to what all conditions and processes will be included while directing floor test.” Rohatgi said the governor, while administering oath to Fadnavis and Ajit Pawar, gave them 14 days to prove majority. The Aghadi argued that the fortnight-long window would give the CM and deputy CM an unfair advantage, and needed to be slashed to 24-48 hours.
The court also did not indicate if the floor test would be held in a special assembly session or after due constitution of the new House: a course that requires following the procedures — appointment of pro-tem Speaker, administering of oath to all MLAs, election of Speaker, governor’s address to the assembly and then the floor test. But the court’s deliberations provided the Fadnavis government a crucial breather, at least for 48 hours, before facing a possible floor test in the 288-strong assembly.
While solicitor general Tushar Mehta, appearing for the governor’s secretary, senior advocates Mukul Rohatgi and Maninder Singh, for Fadnavis and Ajit Pawar respectively, argued that due process needed to be followed and the governor committed no illegality in inviting the single largest party in BJP to form the government after Ajit Pawar submitted a letter of support signed by all 54 NCP MLAs.
All letters in original along with the governor’s order inviting Fadnavis to form the government were placed before the bench by the SG, who said issues of such constitutional importance could not be decided ex-parte by the court and that respondents must be given time to file reply to the Aghadi’s “absurd allegations”.
Appearing for NCP and Congress, senior advocate A M Singhvi said in similar instances in other states, the SC had ordered a floor test within 24-48 hours. He went on to spell out the conditions, including videography of proceedings, that the SC would do well to attach to its order of floor test. He said the Aghadi possessed affidavits of support from 56 Sena MLAs, 50 NCP MLAs and 44 Congress MLAs.
Senior advocate Kapil Sibal, appearing for Shiv Sena, said if Fadnavis was so sure of a majority on November 23 morning, why was he shying away from proving it immediately on the floor of the House?
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from Times of India https://ift.tt/37DTruY
The decision effectively denied the Maha Vikas Aghadi of Shiv Sena, Sharad Pawar-led NCP and Congress which mathematically enjoys a majority in the new assembly which became hung after Sena snapped ties with BJP. The SC order could set the stage for the crucial floor test in the House.
During the nearly hour-long hearing marked by hotly contested arguments between counsel representing the political parties and the governor’s secretary, a bench of Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna reserved its decision but subtly indicated that it favoured a floor test. However, it did not outline whether this will be a composite floor test, as demanded by the Aghadi, to determine who enjoyed a majority — Fadnavis or Uddhav Thackeray — or when it will be held.
No indication from SC if floor test would take place at special session
The governor had on Saturday given Fadnavis two weeks’ time to prove his majority on the floor of the assembly.
Hearing arguments on the conduct of the floor test, Justice Ramana said, “Leave it to us as to what all conditions and processes will be included while directing floor test.” Rohatgi said the governor, while administering oath to Fadnavis and Ajit Pawar, gave them 14 days to prove majority. The Aghadi argued that the fortnight-long window would give the CM and deputy CM an unfair advantage, and needed to be slashed to 24-48 hours.
The court also did not indicate if the floor test would be held in a special assembly session or after due constitution of the new House: a course that requires following the procedures — appointment of pro-tem Speaker, administering of oath to all MLAs, election of Speaker, governor’s address to the assembly and then the floor test. But the court’s deliberations provided the Fadnavis government a crucial breather, at least for 48 hours, before facing a possible floor test in the 288-strong assembly.
While solicitor general Tushar Mehta, appearing for the governor’s secretary, senior advocates Mukul Rohatgi and Maninder Singh, for Fadnavis and Ajit Pawar respectively, argued that due process needed to be followed and the governor committed no illegality in inviting the single largest party in BJP to form the government after Ajit Pawar submitted a letter of support signed by all 54 NCP MLAs.
All letters in original along with the governor’s order inviting Fadnavis to form the government were placed before the bench by the SG, who said issues of such constitutional importance could not be decided ex-parte by the court and that respondents must be given time to file reply to the Aghadi’s “absurd allegations”.
Appearing for NCP and Congress, senior advocate A M Singhvi said in similar instances in other states, the SC had ordered a floor test within 24-48 hours. He went on to spell out the conditions, including videography of proceedings, that the SC would do well to attach to its order of floor test. He said the Aghadi possessed affidavits of support from 56 Sena MLAs, 50 NCP MLAs and 44 Congress MLAs.
Senior advocate Kapil Sibal, appearing for Shiv Sena, said if Fadnavis was so sure of a majority on November 23 morning, why was he shying away from proving it immediately on the floor of the House?
[1][2][3][4][5][6]
References
- ^ Maharashtra (timesofindia.indiatimes.com)
- ^ Supreme Court (timesofindia.indiatimes.com)
- ^ Devendra Fadnavis (timesofindia.indiatimes.com)
- ^ Shiv Sena (timesofindia.indiatimes.com)
- ^ Mukul Rohatgi (timesofindia.indiatimes.com)
- ^ Kapil Sibal (timesofindia.indiatimes.com)
from Times of India https://ift.tt/37DTruY
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