New twist in 16-day drama in MP, floor test in Vidhan Sabha yesterday, Supreme Court said- If rebel MLAs want to come, Karnataka-MP DGP security of should provide security
new Delhi. The Supreme Court directed the Speaker of Madhya Pradesh Legislative Assembly NP Prajapati to convene a special session of the Assembly tomorrow for the floor test. The court has asked to complete the process of floor test by 5 pm. A bench of Justice DY Chandrachun also ordered for live streaming and video recording of the entire process. The court said that the majority should be decided by raising the hands of the MLAs. The court ordered that tomorrow the sole agenda of the assembly proceedings should be to conduct a majority test. On the bench, Justice Hemant Gupta said that if the rebel MLAs want to come to the assembly, then the DGP of Karnataka and Madhya Pradesh give them protection. The court ordered the principal secretary of the assembly to make necessary arrangements.
Earlier, the Supreme Court heard the petition of the BJP for the second consecutive day. The top court asked Speaker NP Prajapati, ‘Can they talk to the rebel MLAs through video links and then decide about them?’ On this, lawyer Abhishek Singhvi, appearing for the speaker, told the Supreme Court- ‘No, it is not possible. The Supreme Court cannot even remove the privilege given to the speaker. ”The speaker sought 2 weeks to decide on the resignations of the 16 rebel MLAs. On this, the court said that giving so much time will be like gold mine, it will increase horse trading.
What happened in the courtroom: The speaker said – Constitutional problems will arise if the court gives instructions
On video conferencing: The bench suggested that we may appoint observers in Bengaluru or elsewhere so that rebel MLAs can speak to the speaker through video conferencing. The speaker turned down the suggestion.
On the resignations of the rebel MLAs: The bench asked the speaker whether there has been any inquiry in the case of the rebel MLAs resignation and whether any decision has been taken on it. Advocate Singhvi, appearing for the speaker, said that when the court starts giving instructions to the speaker to take some steps within the stipulated time, then it will create constitutional problems.
On floor test: The bench asked all the parties whether any decision of the speaker to resign the MLAs or disqualify them would affect the floor test. Looking at the constitutional principles, there is no restriction on the trust vote due to the resignation of MLAs or the issue of disqualification pending before the speaker. Therefore, the court will have to look at the other aspect whether the Governor has taken any step beyond the powers given to him? If the assembly session is not going on and in the meantime if the government loses majority then the governor has the right to instruct the speaker to conduct a trust vote. The speaker said that the governor cannot decide whether the government has a majority or not. This House decides. The Governor has only three powers – call a session of the House, suspend the session or dissolve the House.
On Kamal Nath: Advocate appearing for Governor Lalji Tandon told the bench that Chief Minister Kamal Nath is sitting side by side and the speaker is fighting a political battle in the court.
Congress wants floor test not to happen till by-election
The Congress demanded no floor test till the by-elections are held on the seats vacated by the resignation of the MLAs. The BJP opposed it. The court said that whether 16 rebel MLAs join the floor test or not, they cannot be held hostage. At the same time, the legislators said that the speaker should be directed to accept his resignation. A bench of justices DY Chandrachud and Justice Hemant Gupta lobbied for Congress lawyer Dushyant Dave, BJP’s lawyer Mukul Rohatgi, Governor’s lawyer Tushar Mehta, Speaker’s counsel Abhishek Manu Singhvi and rebel MLA’s counsel Maninder Singh.
