Shiv Sena rebel MLA Eknath Shinde told the Supreme Court that the Uddhav Thackeray-led faction is in a hopeless minority and that a floor test in the Assembly is the best way to stop horse-trading.
Shinde's counsel told a vacation bench of Justices Surya Kant and J B Pardiwala that any delay in the floor test would cause more damage to the democratic polity. Senior advocate N K Kaul, appearing for Shinde, argued that the pendency of disqualification proceedings before the speaker has no ground to delay the floor test.
Kaul told the bench that a dance of democracy takes place on the floor of the house and that is what is being sought to be done. The apex court is hearing Shiv Sena chief whip Sunil Prabhu s plea against Maharashtra Governor Bhagat Singh Koshyari's direction to the Uddhav Thackeray-led Maha Vikas Aghadi MVA government to take a floor test in the Assembly on Thursday.
The Uddhav Thackeray-led Shiv Sena are in a hopeless minority within the party, forget the House, Kaul argued, adding that the unfolding situation requires a floor test, and the Governor in his discretion has decided that it be conducted.
During the arguments, the bench observed that the floor of the House is the only way to settle these issues of democracy.
The bench also asked senior advocate A M Singhvi, appearing for Prabhu, how the floor test can 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 should not allow a floor test to be held until the deputy speaker decides on the disqualification petition against some rebel MLAs.
Singhvi told the bench that the order to conduct a floor test at a supersonic speed amounts to putting the cart before the horse.
He said two MLAs of the NCP are down with COVID 19 while two MLAs of the Congress are abroad and are asked to participate in the floor test on Thursday.
Singhvi argued that allowing floor tests would make the Tenth Schedule a dead letter. The bench noted that the Tenth Schedule is one of the robust provisions and the court should strengthen it.
The hearing is about to take place. The petition has contended that the Governor has received a communication from June 28, 2022, which was received today i.e. On June 29 at about 9: 00 am, the floor test has been held in complete defiance of the fact that this court is seized of the issue of the disqualification proceedings. The plea and sought directions sought to set aside the impugned communication sent by the Governor to the Chief Minister as well as to the secretary of the Assembly is shown by the fact that such an undue haste is manifestly arbitrary and therefore violative of Article 14, according to the plea.
Koshyari asked the Maharashtra Legislature Secretary to hold a floor test of the MVA government at 11 am on Thursday.