Setback for Uddhav Thackeray, SC refuses stay on floor test
A vacation bench of Justices Surya Kant and J B Pardiwala said Thursday's proceeding in the Assembly will be subject to the final outcome of Shiv Sena's plea against the Governor's decision.
FollowIn a major setback for the Uddhav Thackeray-led government, the Supreme Court on Wednesday rejected the plea of Shiv Sena chief whip Sunil Prabhu challenging the Maharashtra Governor's direction to the coalition government to take a floor test on Thursday. With this, the stage is set for the floor test proceedings to begin from 11 am on Thursday.
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A vacation bench of Justices Surya Kant and J B Pardiwala said Thursday's proceeding in the Assembly will be subject to the final outcome of Shiv Sena's plea against the Governor's decision. The Apex court also allowed jailed NCP MLAs Nawab Malik and Anil Deshmukh to participate in Maharashtra assembly floor test scheduled for Thursday. The verdict came after the bench heard arguments on behalf of Shiv Sena, its rebel MLAs led by Eknath Shinde, and the Governor.
The Uddhav Thackeray faction, represented by senior advocate Abhishek Manu Singhvi, sought balancing of equity and deferment of holding of the floor test on Thursday saying Governors are not angels, they are humans.
He contended that Governor Koshyari had proceeded at supersonic speed for the floor test.
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He told the court that on June 28, the leader of the Opposition Devendra Fadnavis met the Governor and the next day morning he called for the floor test on Thursday. Claiming short notice, he went to further state that two Nationalist Congress Party MLAs were down with Covid while a Congress legislator was abroad.
Singhvi argued that a floor test cannot be held without determining the disqualification of the rebel Shiv Sena MLAs.
He claimed that the Governor cannot short circuit the proceedings that are underway before the Supreme Court. When Justice Kant probed about this particular contention, Singhvi asked the court whether it would be in a position to reverse Thursday's floor test if the Speaker disqualified the MLAs.
On the contrary, Shinde and the Governor, represented by Solicitor General Tushar Mehta sought the floor test.
Floor test can't brook any delay and the Governor in totality is satisfied. Based on relevant materials, a floor test has to be held, the top law officer told the bench on behalf of the Governor.
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