The Supreme Court has rejected a motion by Shiv Sena chief whip Sunil Prabhu challenging the Maharashtra Governor's direction to the Uddhav Thackeray-led Maha Vikas Aghadi MVA government to take a floor test in the Assembly on Thursday amid the major political turmoil in Maharashtra. The result of the floor test will be subject to the outcome of the case, according to SC.
The jailed Nationalist Congress Party NCP MLAs Nawab Malik and Anil Deshmukh have also been allowed to attend the floor test.
The top court also stated that the pleas of Prabhu and the rebel Shiv Sena MLAs will be heard on July 11.
A vacation bench of Justices Surya Kant and J B Pardiwala said that an urgent hearing was needed due to the decision taken by Governor Bhagat Singh Koshyari to ask the MVA government to prove a majority at 11 am on Thursday.
The governor's decision was preceded by a visit by a BJP delegation on Tuesday night, which demanded a floor test that the Sena-led government was in minority. Prabhu then moved the Supreme Court against the direction of Koshyari.
Shinde's lawyers told the Supreme Court that the Thackeray-led Sena faction is in a hopeless minority within the party and a floor test in the Assembly is the best way to stop horse-trading.
The bench observed that the floor of the House is the only way to settle these issues of democracy during the arguments.
The bench asked senior advocate A M Singhvi, appearing for Prabhu, how can the floor test affect the disqualification process or interfere with the powers of the speaker to conduct disqualification proceedings.
The bench observed that the floor of the house is the only way to settle these issues of democracy.
Singhvi told the apex court that people who have changed sides don't reflect the will of people and heavens won't fall if the floor test is not held tomorrow.
He argued that the court must not allow a floor test to be held until the deputy speaker decides on the disqualification petition against rebel MLAs.
On Wednesday evening, after spending eight days in Assam, rebel Shiv Sena MLAs led by Shinde left Guwahati for Goa.
Since June 22, the Shiv Sena MLAs and some Independent legislators have been camping in Guwahati, about 2,700 km from where they have been camping since June 22, plunging their government in Maharashtra into crisis.
Governor Koshyari wrote to the Assembly secretary that a special session of the Maharashtra Vidhan Sabha Legislative Assembly would be summoned on June 30th at 11 am with the sole agenda of a trust vote against the chief minister, and the proceedings will be concluded by 5 pm. He said that the proceedings of the House shall be telecast live and appropriate arrangements for the same shall be made.
In a letter, the governor cited an e-mail sent by seven independent MLAs on Tuesday, in which they said that the Maharashtra chief minister has lost the confidence of the majority on the floor of the House, making it imperative to conduct a floor test at the earliest. Even as his government was facing a serious crisis, chief minister Uddhav Thackeray said on Wednesday evening that he was betrayed by his own people. He didn't hint that he was planning to quit, according to officials.
A major decision taken by the cabinet on Wednesday was the renaming of Aurangabad city as Sambhajinagar.