- Monday, May 05, 2025
By: ANI
THE Supreme Court of India on Wednesday (29) reserved the decision on the plea filed by Shiv Sena chief whip Sunil Prabhu challenging Maharashtra governor Bhagat Singh Koshyari’s direction to chief minister Uddhav Thackeray to hold the floor test on Thursday (30). The apex court will pronounce its order at 9 pm local time. A vacation bench of Justices Surya Kant and J B Pardiwala also asked the Thackeray led-Shiv Sena group how floor test impacts the disqualification process or interfere with the powers of the speaker of the assembly to conduct disqualification proceedings.
Senior Advocate Neeraj Kishan Kaul, who was representing rebel Shiv Sena leader Eknath Shinde, told the bench in SC, “First and foremost it is to be decided if the speaker has to be removed or not,” referring to Nabam Rebia’s decision that disqualification cannot be decided until a decision on Speaker’s removal is taken.
“It is well settled that a floor test should not be delayed. Merely because of pendency of proceedings relating to whether MLA has resigned or 10th Schedule is no ground to interdict floor test. Supreme Court has held both are distinct issues,” he said.
The slightly different argument put forward by senior advocate AM Singhvi, appearing on behalf of Prabhu is that the proceedings are not voluntarily kept pending by the Speaker but are stopped because of orders of the Supreme Court.
Maharashtra crisis: Will Sena rebels eventually join hands with the other Thackeray?
“I will respond to your lordship’s pertinent observation. When we came to court, an overwhelming majority was with us. We also write to speaker that you don’t enjoy the majority of the House. On June 24th, the speaker gave us a disqualification notice. In this context, we came here,” Kaul said.
“It is not as if your lordships are interfering with the proceedings. My principal argument was that speaker has no authority. That is settled by the Constitution Bench judgment,” he added.
Listening to Kaul’s arguments, Justice Kant said, “This argument suggests that first of all we should determine the competence of the speaker.”
“Supreme Court in its judgement had said disqualification proceedings have no bearing on floor test. The floor test is the healthiest thing that can happen in a democracy. Supreme Court says the moment a chief minister shows reluctance, it prima facie gives the view that he has lost the confidence in the House,” Kaul said on behalf of the rebel Sena faction.
The Bench of the Supreme Court asked Kaul, in response to these arguments, “Can there be a situation against democratic morality that the government, knowing that it has lost the majority?”
“This unfolding situation requires a floor test and governor in his discretion has decided to hold it,” Kaul told the Supreme Court, adding. “I have seen everyone keen to take the floor test. I have seldom seen a party so afraid to conduct a floor test.”
“Normally parties rush to court to say hold the floor test because someone else is hijacking the party. Here, the opposite is sought, the party wants no floor test. Where does the natural dance of democracy take place?” Kaul asked.
“It is repeatedly argued by the other side that the speaker is always suspect, always a political, but the governor is a holy cow. That Governor can never be wrong, but the Speaker, the persona designate under the 10th Schedule is political,” Singhvi said.
“Those who believe that the speaker is only political and governor can never be political, I tell them, wake up and smell the coffee, don’t live in ivory towers. This is a governor who has not allowed nominations to MLC for one year.
“Does the governor have a single sentence in the order that the issue is subjudice before the Supreme Court and despite that I am exercising?, Singhvi added.
“Two days before the governor comes to Raj Bhavan, meets the leader of the opposition yesterday and issues the order today. But the speaker is to be always a suspect. Governors are not angles. They are humans. The Governor did not address the issue of sub judice. He did not verify. He did not call the Chief Minister for his view
“Please look at the real world. A floor test done tomorrow, followed by a disqualification to be proceeded by the speaker, is irreversible. We cannot live in a theoretical world, it is irreversible. Floor test and disqualification of MLAs are undoubtedly related after this court has put a fetter on the Speaker. Either defer the floor test for a week or prepone the other matter, that is the only way to balance,” Singhvi concluded.
As the political turmoil in Maharashtra continues to unfold, the Leader of Opposition in the Maharashtra assembly Devendra Fadnavis, accompanied by eight independent legislators, on Tuesday submitted a letter to Koshyari and demanded an immediate floor test.
“We have given a letter to the Maharashtra Governor demanding an immediate floor test,” Devendra Fadnavis said.
Thackeray on Tuesday (28) appealed to the rebel MLAs to come for talks.
“Don’t fall prey to anyone’s missteps. The honour given to you by Shiv Sena cannot be found anywhere. If you come forward and speak, we will sort out the issues. As Shiv Sena party chief and family head, I am still worried about you. Come here for a dialogue,” he said.
Meanwhile, Shinde stated that he will return to Mumbai soon and that his faction was taking “Balasaheb’s Shiv Sena forward”. Shinde has claimed the support of over 50 legislators.
In a jolt to the Maha Vikas Aghadi (Maharashtra Development Front) government in Maharashtra, Shinde and other rebel MLAs revolted against the party on June 20 and camped in Gujarat’s Surat. Later, the rebel MLAs shifted base to a hotel in Guwahati in the northeastern state of Assam.
