NEW DELHI: The Supreme Court on Thursday (March 19, 2020) resumed hearing on the plea filed by former Madhya Pradesh chief minister and BJP leader Shivraj Singh Chouhan demanding mmediate floor test against Kamal Nath government, which he claimed had losy majority after the resignation of some Congress MLAs.
Ahead of the hearing, BJP leader Shivraj Singh slammed the Assembly Speaker NP Prajapati for seeking more time. ''Why do they want more time? For engaging in horse-trading? Now, they know that they do not have the numbers. It's an excuse to get some more transfers done,'' Singh said.
As the hearing bgan, the top court suggested that the Madhya Pradesh Assembly Speaker Prajapati should interact with the rebel Congress MLAs through video link or the court can appoint an observer to allay the fear that the legislators are in captivity.
However, the Speaker refused to accept the top court’s proposal.
“We can appoint an observer to Bengaluru or some other place so that the rebel MLAs can connect with the Speaker through video conferencing after which he can decide,” a bench comprising Justices DY Chandrachud and Hemant Gupta said.
The court also asked the Speaker whether any inquiry was made on the resignation of the rebel MLAs and what decision has he taken on them.
Senior advocate Abhishek Manu Singhvi, appearing for the Speaker, said the day court begins to give time-bound direction to the Speaker, it will be constitutionally problematic.
He said that the court may prescribe reasonable time, like two weeks, to decide on resignation of rebel MLAs.
But added “even the Supreme Court cannot abrogate the discretion of Speaker”, news agency PTI reported.
On behalf of the Speaker, Singhvi said that the Governor cannot decide whether government has lost majority or not, it's the House that decides.
Governor has only three powers - whether to summon, prorogue and dissolve the House, he argued on behalf of the Speaker.
In response, the top court said if House is not in session and if government loses majority then Governor has power to direct Speaker to hold trust vote.
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