B. K. Pal, Advocate, Supreme Court of India
Marathon hearing of Maharashtra case relating to holding floor test in the Maharashtra assembly is an another landmark for protecting Democracy & Democratic principles which is the core of the Constitution of India.
The Hon’ble Supreme Court in its order of 29th June 20022 has passed an order at 9.00 pm after hearing Counsels for parties has allowed floor test to be held on Thursday for the time subject to the result of pending Writ Petitions in the Supreme Court of both the parties.
The issue before the Hon’ble Supreme Court is raised in the dissident’s petition
Challenging their disqualification notice as well as the rejection of a no confidence motion against deputy speaker Narhari Zirwal. The appointment of Ajay Choudhary as the Party leader of Shiv Sena legislature Party leader is also under challenge as he has been appointed after removing Shinde a day after the later left Mumbai with quite majority of loyal MLAs destabilising the MVA government. The petition says the seat of the speaker has been vacant since Nana Patole resigned in February 2021.The deputy speaker has no authority to file the disqualification petition. It is also alleged that Sunil Prabhu made chief whip no longer holds the said post as has no authority the maintain the said petition under 10th Schedule of constitution of India.
It is argued by Uddhav Thackeray that he had powers to disqualify the dissident MLAs.
There is no doubt that during this period no work for development in the state has suffered as the about 8 ministers are with dissident & ninth has also joined recently later on. It is reported that so far BJP has not met rebel MLAs & only watching the situation being aware of legal issues involved.
There is no doubt that crisis in MVA has arisen due to Shinde being side-lined due Aditya Thackeray son of Uddhav Thackeray being given prominence & leading role due to which existing Shiv Sena leaders see no future for themselves.
Law as laid down in Ravi S Naik V/s UOI & Ors 1994 (1) SCR 754 & Rajendra Singh Rana V/s Swami Prasad Maurya 2007(4) SCC 270 relates to 10th Schedule of the Constitution of India which cannot be read independent of Articles 102 & 191 of the Constitution & the object of those articles. Can the issue be called defection? When the Shinde claims to have that they have not voluntarily given up their membership of the party & have a right to show that they still are Shiv Sena & they together constituted one third of the total number of legislatures elected on the tickets of the party.
Under Article 163(2) of the Constitution the Governor has discretion which if exercised shall not be called in question on the ground that he ought or ought not to have acted in his discretion of giving Chance of “Floor Test” to which Supreme Court has nether objected to nor given any “Stay” so far.
The Counsels Senior Advocates of Supreme court Dr.A.M.Singhvi & Neeraj Kishan Kaul representing respective parties have put forth their contentions have pleaded that floor test in the given facts & circumstances is illegal & unjustified & on the other hand Neeraj Kishan Kaul has pleaded that it is only solution to the problem.
