Breaking: Apex Court orders for live telecast of Mahrashtra floor test, no secret ballot.
By: Syed Ali Taher Abedi
A three Judges bench of Apex Court comprising of Justice NV Ramna, Justice Ashok Bhushan and Sanjiv Khanna said that the floor test on Wednesday will be conducted by protem speaker.
The test should be held through open ballet, videographed and telecast live, ordered the Apex Court.
The Apex Court on Monday had reserved the orders on the petitions filed by Shiv Sena, Congress and National Congress Party against the decision of Maharashtra Governor to invite Devendra Fadnavis to form government in Maharashtra.
To curtail unlawful practices such as horse trading, to avoid uncertainty and to effectuate smooth running of democracy by ensuring a stable Government, we are of the considered opinion that it is necessary to pass certain interim directions in the case.in this context it is necessary and expedient to conduct the floor test as soon as possible to determine whether the Chief Minister, who was administered the oath of office, has the support of the majority or not. Since the Elected members of the Legislative Assembly are yet to take oath as specified in the III Schedule of Constitution and the Speaker is also yet to be elected. We request the Governor of Satte of Maharashtra to ensure that a floor test be held on 27.11.2019.
The following procedure is to be followed for conducting the floor test:
- Pro-tem speaker shall be solely appointed for the aforesaid agenda immediately.
- All the elected members shall take oath on 27.11.2019. which exercise should be completed before 5:00 p.m.
- Immediately thereafter, pro-tem Speaker shall conduct the floor test in orders to ascertain whether the Respondent No.3 has the majority and these proceedings shall be conducted in accordance with the law. The floor test will not be conducted through.
- The proceedings have to be live telecast and appropriate arrangements are to be made to ensure the same.
The Bench noted that the issues of maintainability, extent of judicial review and validity of the Governor’s satisfaction raised by the counsel appearing in the case were important constitutional issues that required adjudication at a later stage, however for the time being, the Court saw no reason to delay the floor test.
The post-poll alliance of Shiv Sena, The nationalist Congress Party and the Congress, also known as the Maha Agadi, moved the Supreme Court on Saturday,23 in light of the early morning swearing-in ceremony that took place in Raj Bhavan in Maharashtra. Through this ceremony, of which few knew about, BJP leader Devender Fadnavis was sworn-in as the Chief Minister of Maharashtra and Ajit Pawar took charge as Deputy CM.
In an unprecedented manner the president rule that was imposed in Maharashtra on 12th November 2019, was revoked at 5:47 AM on 23 November 2019.
The Maha Aghadi questioned the manner in which this political drama was staged and the president’s rule was revoked, in Apex Court. They asserted that the Governor Bhagat Singh Koshiyari was acting at the behest of the BJP.
The petitioners contended that “it is submitted that the discretionary powers under the Constitution conferred on the Hon’ble Governor are not the ipsi dixit of the Hon’ble Governor but have to be exercised within the constitutional norms and conventions guiding the exercise of such discretion. It is submitted that such manoeuvring, at the behest of the BJP through the Governor, to suit their political agenda actually amounts to a death knell to democracy which is
a basic feature of our Constitution.”
Meanwhile the Shiv Sena today moved the Supreme Court against the closure of irrigation scam cases, saying the Devender Fadnavis government could not take major police decisions till the floor test was conducted.
Triggering yet another political upheaval in Maharashtra politics, Devendra Fadnavis and Ajit Pawar resigned as the Chief Minister and deputy Chief Minister of the state ahead of the floor test in assembly respectively
Read the Order here
