SC okays floor test for Uddhav govt tomorrow, jailed NCP leaders can vote

The Supreme Court ordered a floor test for the Uddhav Thackeray-led Maharashtra government on Thursday.

Earlier it said floor test is the only way to settle all issues that have entangled the politics of Maharashtra following a rebellion by Sena leader Eknath Shinde leading to a survival crisis of the Maha Vikas Aghadi (MVA) government.

The top court was hearing a petition filed by the Maharashtra government challenging governor Bhagat Singh Koshyari’s order asking the chief minister to prove his majority in the floor of the Assembly on Thursday.

The top court said results of floor test will be subject to the final outcome of Sena Sena chief whip Sunil Prabhu Prabhu’s petition against the governor’s decision and issued a notice on the plea.

The matter was taken up for hearing after senior advocate Abhishek Manu Singhvi, arguing for Prabhu, sought an an urgent hearing before the apex court in the case.

Jailed NCP leaders Nawab Malik and Anil Deshmukh will be allowed to vote in the floor test, the Centre and Enforcement Directorate told the court.

The court will now pass an order on pleas made by jailed NCP leaders Anil Deshmukh and Nawab to allow them to participate in the floor test.

A vacation bench of the SC, headed by Justice Surya Kant and also comprising JB Pardiwala, said, “Our understanding is that the floor of the House is the only way to settle all issues.” It added the court will deal with the petition on disqualification of rebel MLAs separately.

Singhvi earlier complained against the “supersonic” speed of the governor in ordering a floor test. He said two NCP MLAs are down with Covid, while two Congress legislators are abroad. “Heavens won’t fall if the floor test doesn’t take place tomorrow,” he said.

Singhvi said it would not be proper to pave the way for a floor test while tying the speaker’s hands. Either allow the speaker to decide the disqualification proceedings or defer the floor test, he said.

In a rejoinder, he later said, “Can’t act on presumption that the governor is a holy cow, while the speaker can be political. This very governor did not allow MLC nomination for one year.”

Urging the top court to balance the equities, Singhvi said, “Defer the floor test by a week, or allow the speaker to decide the disqualification proceedings, or prepone the hearing.”

Senior Advocate Neeraj Kishan Kaul, who argued for the Shinde faction, said disqualification proceedings or resignation of MLAs cannot be a ground to delay a floor test. “A body of SC judgments has laid down that floor test mustn’t brook any delay,” he added.

Calling the MVA government a hopeless minority in the party itself, Kaul said, “They want to somehow cling on to power despite being in hopeless minority. I have seen parties rushing to this court for getting the floor test conducted as soon as possible and here we have a party trying to delay it. Everyone knows why,” he added. “The more delay you cause to the floor test, greater is the damage to the democratic polity,” said Kaul.

When the bench asked Kaul how many members are part of the dissident faction, Kaul said 39 of the 55 Sena MLAs have parted ways. “That’s why the resistance to the floor test… We aren’t the dissident group, we are the Shiv Sena.”

Speaking about the electoral college, Singhvi said it is like putting a cart before the horse when disqualified proceedings against the Eknath Shinde camp is yet to be ascertained by SC. There is a court regime at this point of time, added Singhvi.

The governor has sought to render infructuous proceedings before the Supreme Court by ordering the floor test, he said. SC asked how the floor test order renders court proceedings infructuous. “Is there any minimum time schedule for holding floor test?”

The bench asked how does a floor test relate to or impact the disqualification proceedings or interferes with the powers of the speaker to conduct disqualification proceedings.

Singhvi said, “The members who already stand disqualified as on date may be allowed to participate in the floor test.”

Someone who already stands disqualified as on June 21 cannot be allowed to vote tomorrow, Singhvi said, adding this court must avoid such a situation.

“It will be allowing something that cuts at the root of democracy.”

The SC said, “There are different scenarios. When the speaker’s power to disqualify has been challenged, will the deemed disqualification still work?”

The court further said all are unanimous that the object of Tenth Schedule (anti-defection law) must be strengthened in the interest of democracy. “There is no quarrel of this and everybody agrees that this court should strengthen the Tenth Schedule.”

Referring to a letter submitted by 34 rebel Sena MLAs to the governor, Singhvi said, “This itself amounts to giving up membership as per SC decisions.”

Solicitor general Tushar Mehta, appearing for the governor, said the SC didn’t restrain the Speaker, but the law did. Stating that there will be a dereliction of duty if the floor test wasn’t ordered, Mehta said, “The governor in totality is satisfied that the floor test is mandatory since the source of the power in a democracy is the House.”