Maha Sangram in Maharashtra Political Crisis: Legal Experts Opinion

Surrounded by the Maharashtra Political Crisis, the Governor ordered a floor test against the Maha Vikas Aghadi government. The Supreme Court has decided to hear the petition filed by Shiv Sena. 

Senior Advocate and Congress leader Abhishek Manu Singhvi presented the matter appearing for the Shiv Sena and made an argument that keeping in mind the Supreme Court’s earlier order in which it gave an interim order to protect the rebel MLAs from disqualification can get misused if the floor test ordered by Governor will be in action. 

Senior advocate Neeraj Kishan Kaul representing the side of Eknath Shine presented his argument by stating that disqualification proceedings have nothing to do with the floor test. And he requested a hearing tomorrow but the Supreme Court insisted on a hearing today evening.

To discuss the matter of validity of floor tests we have the views of  two prominent advocates:

Senior advocate Anoop George Chaudhari, former advocate general of Madhya Pradesh and KC Kaushik, Advocate of Supreme Court Of India. former-Additional Solicitor General of India

Senior Advocate and Congress leader Abhishek Manu Singhvi presented the matter appearing for the Shiv Sena and made an argument that keeping in mind the Supreme Court’s earlier order in which it gave an interim order to protect the rebel MLAs from disqualification can get misused if the floor test ordered by Governor. 

So the Senior Advocate Anoop George Chaudhari stated that “Floor test is constitutionally wrong and those who are not in a capacity to vote such rebels who are already on trial for the disqualification process but allowing them to vote is a clear cut violation of Anti defection law.” 

The Governor ordered a floor test against the Maha Vikas Aghadi government. The Supreme Court has decided to hear the petition filed by Shiv Sena. 

In the judgment of the Nabam Rebia case, the Supreme Court held that the Governor is bound to convene a meeting of the assembly for a floor test on the recommendation of the Cabinet. The Governor can summon or dissolve the house only on the aid and advice of the Council of Ministers with the Chief Minister as the head.

 In this matter, Advocate Anoop George Chaudhari said that “Governor is not a leader and general secretary of the parliament is not a subordinate to him and by ordering a floor test Governor is bypassing Supreme Court orders.” 

The Supreme Court extended the time for Eknath Shinde and 15 other rebel MLAs in the Maharashtra State Legislature Assembly to file a written response to the Deputy Speaker’s disqualification notice.  

Anoop G Chaudhari said that “The Supreme Court in the previous order increased the time for the 16 rebels to prove why they are not subjected under violation of Anti defection law.”

The order by the Supreme Court extended the time for Eknath Shinde and 15 other rebel MLAs in the Maharashtra State Legislature Assembly to file a written response to the Deputy Speaker’s disqualification notice. Advocate KC Kaushik stated that “ In extending the time period for the reply of rebel MLAs caused a rise in Maharashtra Political Crisis and the Supreme Court order by giving time to rebels to reply is a cause of the increasing crisis.” 

 Advocate KC Kaushik said that the Maharashtra  Legislative Assembly Rules 6 and 7 states that when owing to a general election or for any other reason the office of Speaker is vacant or is about to fall vacant, the Governor shall fix a date for the holding of the election and the Secretary shall send to every member notice of the date so fixed or When, owing to the existence of a vacancy in the Office of Deputy Speaker, the election of the Deputy Speaker is necessary, the Speaker shall fix a date for the holding of the election.

Advocate KC Kaushik also stated, “Ashok Chaudhari is the right person to act as whip because it is recognized by Deputy Speaker because there is no resolution passed against the power of deputy speaker till now or in case the Supreme Court has passed any resolution against the deputy speaker, Supreme Court has to pass an order for the appointment of the Pro-tem Speaker.”