SC to hear Shiv Sena’s plea challenging floor test today
29 June, 2022 | Pravina Srivastava
SC decided to hear a case on Wednesday at 5 o'clock that challenges Maharashtra Governor Bhagat Singh Koshyari's order to Chief Minister Uddhav Thackeray to demonstrate his majority support on the ...
Supreme Court decided to hear a case on Wednesday at 5 o’clock that challenges Maharashtra Governor Bhagat Singh Koshyari’s order to Chief Minister Uddhav Thackeray to demonstrate his majority support on the House floor on June 30. The case was brought by Shiv Sena Chief Whip Sunil Prabhu.
The “floor test is invalid,” said senior attorney Abhishek Manu Singhvi in reference to Prabhu’s motion for an urgent hearing of the matter before a vacation bench comprising Justice Surya Kant and JB Pardiwala this evening.
According to Singhvi, the floor test that was set for tomorrow AM is invalid since it cannot involve those who are being disqualified.
“Floor tests are prohibited because they cannot contain contestants who will be disqualified. Only this evening, I’m asking to be listed. Otherwise, the situation will deteriorate. Votes that are impossible to count will still be counted. The entire endeavor will be ineffective ” senior attorney said.
In opposition to Prabhu’s request to have the floor test delayed, senior attorney Neeraj Kishan Kaul for the Eknath Shinde group asserted that there is no urgency and that the request may be addressed tomorrow.
According to Kaul, the Governor has the authority to call for the floor test, and in any event, the status of a disqualification application has no bearing on the floor test.
Justice Surya Kant agreed to hear the argument and instructed Singhvi to ensure that the case’s paper book is prepared by 3pm.
“In the end, we may or may not agree, but given the urgency of the situation, we believe it should be heard today. At 5:00 p.m., we’ll keep the case ” the bench remarked.
Meanwhile, Thackeray government in Maharashtra has been tasked with demonstrating its majority on the House floor tomorrow.
Governor has requested in writing that the State Assembly meet in special session tomorrow to consider a vote of no-confidence in Chief Minister Thackeray. The notice states that the session would start at 11 am and be broadcast live.
Earlier on June 27, the top court gave rebel Shiv Seva leader Eknath Shinde and other MLAs temporary reprieve so they could submit their responses to the Deputy Speaker’s disqualification orders. Deputy Speaker had already given them till June 27, 5.30 pm, to make a reply.
Supreme Court’s ruling came during a hearing on petitions brought by the Shinde group protesting the Deputy Speaker’s decision to exclude 16 rebel MLAs and the choice of Ajay Choudhary to lead the Shiv Sena Legislative Party.