Supreme Court refuses to stay Governor Bhagat Singh Koshyari’s order to conduct floor test. The bench of Justice Surya Kant and Justice Pardiwala heard the arguments of all the parties for more than 3 hours. After that the decision was postponed till 9 pm. When the bench sat again, it said in a flat verdict that they are not stopping the floor test. The orders given by the Governor should be implemented. The governor had ordered a floor test to be conducted at 11 am on Thursday.
Advocate Abhishek Manu Singhvi, appearing for Shiv Sena leader Sunil Prabhu, argued that Devendra Fadnavis meets Governor Bhagat Singh Koshyari on Tuesday evening and the floor test order is issued on Wednesday morning. He said that two NCP MLAs are COVID infected and one Congress MLA is currently outside the country. He said that the order for floor test has been issued at supersonic speed. Whereas only through this it can be ascertained which government is formed by the will of the people.
Singhvi said that the Speaker’s decision is yet to come on the demand for disqualification of 16 MLAs. If these MLAs are disqualified, the mathematics of the assembly will change. The Supreme Court said that the issue of disqualification is pending with them. We have to decide whether the Speaker’s notice is valid or not. But because of that matter what is going to affect the floor test.
The counsel for Shiv Sena said that on one hand the court has kept the disqualification issue pending, while on the other hand floor test is being conducted. These two things are contradictory to each other. He said that on all the issues, the court had ordered to maintain the status quo till July 11. In such a situation, if there is a floor test tomorrow, it can send a wrong message.
The Supreme Court asked Singhvi whether you do not believe that 34 Shiv Sena MLAs have signed a letter to separate from Uddhav Thackeray. Singhvi said that how can this be confirmed. He kept the letter from the Governor with him for a week and then when Leader of Opposition Devendra Fadnavis met him, he swung into action. He said that every decision of the governor is now a matter of legal debate.
https://www.youtube.com/results?search_query=MAHARASHTRA+JANSATTA
Singhvi said that the rebel MLAs first went to Surat and then to Guwahati. From there he is speaking his mind through email. They don’t even trust the speaker. On the other hand, the governor himself was infected with COVID. But as soon as he met the BJP leader, he immediately swung into action. While the matter is in the Supreme Court. He said that the MLAs who are changing parties, how can they represent the people. If the floor test is not done tomorrow, the sky will not break.
Advocate Neeraj Kishan Kaul, defending the Shinde faction, said that the first question is whether the speaker should be removed or not. How can you decide such matters when your legitimacy is in question? Referring to the decision of the Constitutional Bench, he said that the Speaker does not have authority. The Governor has all the powers in this matter. Unless they are convicted of wrongful intent. He said that everyone is happy with the floor test except the government.
Solicitor General Tushar Mehta, appearing for the Governor, said that the Deputy Speaker had given two days notice to the rebel MLAs. Now these people are raising the question that the governor has given only 24 hours notice for the floor test. Quoting media reports, he said that the rebel group is getting death threats. On this the court said – Emotional statement.