New Delhi, Feb 28, 2023, IANS
New Delhi, Feb 28 (IANS): The Supreme Court on Tuesday told the Eknath Shinde-led faction that if it did not want to go with the coalition in the Maha Vikas Aghadi (MVA) government in Maharashtra, then it should be decided outside the Assembly and queried whether writing to the Governor expressing unwillingness to continue with the coalition would it not amount to disqualification?
The top court pointed out that the Governor, by considering the letter by the Shine-led faction, recognized the split in the party.
Senior advocate Neeraj Kishan Kaul, representing the Shinde-led faction, assisted by advocate Abhikalp Pratap Singh, submitted before a five-judge bench headed by Chief Justice of India D.Y. Chandrachud that the Governor is bound by the 1994 verdict of a nine-judge Constitution bench in the S.R. Bommai case.
He said this verdict was relied upon in the 2020 Shivraj Singh Chouhan case, that test of majority has to be held on the floor of the House.
At this, the Chief Justice asked Kaul why a democratically-elected government should be asked to face a floor test and while querying if the Governor by recognising the rival group is legitimising the defection? The bench pointed out that it is otherwise not permissible under the Tenth Schedule.
The bench told Kaul that if his client does not intend to go with the alliance, then decide that outside the house. Kaul then contended that the legislative party is an integral part of the original political party and argued that in June last year, there were two whips appointed by the party. He added his client followed the one, which said it did not want to continue in the MVA coalition.
The bench, also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha, added that inside the state Assembly, they are bound by the party discipline and "your writing of letter to the Governor that you don't want to continue with the MVA coalition, itself amounted to disqualification".
"The Governor, taking note of the letter, actually recognised the split in the party," observed the bench. Kaul argued that the Governor was bound by the apex court's verdicts and he ordered a floor test, otherwise what could have he done.
The bench further queried Kaul that the government was running and against this backdrop, could the Governor ask the Chief Minister for the floor test? It further added if it were to happen after the election, then it is a different scenario and when a government is formed, how could any group say that it will not go with the alliance.
The bench queried Kaul to cite material available before the Governor, which made him decide to ask for the floor test and "what prevented the Governor asking you to move no confidence motion in the House?"
Kaul cited the withdrawal of seven independents' support to the government, rebellion within the Shiv Sena against the coalition, and Leader of Opposition Devendra Fadnavis meeting with the Governor saying that the government has lost its majority in the House. He stressed that a minority government cannot be allowed to continue and floor test is the only solution.
The top court will continue to hear the matter on Wednesday.