Hearing is going on in the Supreme Court on the demand of the floor test by the BJP amidst the political turmoil in Madhya Pradesh. Congress lawyer told the court - Resignation of rebel MLAs was handed over to the speaker by BJP leaders, its investigation is very important. It is not the Governor's job to order a floor test to the Chief Minister and the Speaker at night. The speakers are paramount in this matter, with the governor dominating them. Former Chief Minister Shivraj Singh Chauhan and 9 BJP MLAs have filed a petition in the apex court against the Kamal Nath government not conducting majority trials.
The court on Tuesday had given notice to all the parties Governor Lalji Tandon, Chief Minister Kamal Nath and Assembly Speaker NP Prajapati seeking a reply in 24 hours. Meanwhile, the Congress also filed an application and demanded the direction to bring back the 22 rebel MLAs staying in Bengaluru.
Advocate Dushyant Dave, appearing for the Congress MLAs, said - the people of Madhya Pradesh trusted the Congress. The Congress, which became the single largest party in the elections, won the trust vote the same day. Won government for 18 months with majority. BJP wants to destroy democracy values by forcefully destabilizing the government. It has kept 16 MLAs in illegal custody. On this, Advocate for rebel MLAs Maninder Singh said - this is a lie, no one is in custody.
Dave said - forced resignations were written to the MLAs. The BJP leaders gave Holi the resignation of 19 rebel MLAs to the speaker. This is a big conspiracy. Its investigation is very important. Rebel MLAs were taken out of chartered planes. He has been kept at a resort booked by BJP leaders. The speakers are paramount in this matter, with the governor dominating them. It is not the Governor's job to order a floor test to the Chief Minister and the Speaker at night.
The parties of Madhya Pradesh government and Congress were not present at Tuesday's hearing. Then the Supreme Court said - we will listen to the other side also. After this, the court sent notices to all the parties through email and WhatsApp. Along with this, a copy of petition and petition of rebel MLAs was also sent to the parties. Senior advocate Mukul Rohatgi, who had come to advocate for the BJP, had said that 22 Congress MLAs left the party, they do not have a majority, so there was no hearing from their side.
In such a case, what decision was given by the Supreme Court in the past?
The BJP has mentioned cases like SR Bommai vs Government of India in 1994, Arunachal Pradesh in 2016, Shiv Sena vs Government of India in 2019. In these cases, the Supreme Court ordered a floor test in 24 hours. In the Arunachal Pradesh case, the court said that if the Governor feels that the Chief Minister has lost the majority, then he is free to direct the floor test. In a case related to Goa in 2017, the Supreme Court made another comment about the floor test - "The floor test will remove all doubts and the result will give credibility to the democratic process."
The governor ordered floor test twice
The BJP has claimed that the Kamal Nath government has lost majority and the Congress does not have the constitutional right to run the government. In this case, the floor test should be conducted immediately. Earlier, Governor Lalji Tandon has written letters to the Chief Minister on March 14 and 16 for conducting floor tests. Kamal Nath met the Governor both times and told him that 16 MLAs have been held hostage in Bengaluru. Floor test cannot be conducted in such a situation. A majority test was to take place on the first day of the budget session on Monday, but after the Governor's address, the speaker adjourned the assembly proceedings till 26 March citing coronavirus. Angered by the government's attitude, the governor returned to the Raj Bhavan from the assembly in just 12 minutes after the address.
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