The BJP moved the top court on Monday after Speaker N P Prajapati adjourned the session citing coronavirus fears.
Madhya Pradesh Government Crisis Highlights: The Supreme Court Wednesday directed Madhya Pradesh Assembly Speaker NP Prajapati to decide on resignations of 16 rebel Congress MLAs, saying the only concern was “there should not be any horse trading”. The matter was adjourned for hearing on Thursday at 10 am.
During the hearing in the Supreme Court today, the Congress said the rebel MLAs should face re-election and then a floor test can be held. Accusing BJP of “hijacking democracy” through money and muscle power, Senior Advocate Dushyant Dave asked the matter to be referred to a larger bench. The Congress also said that Governor Lalji Tandon’s direction to hold a floor test was “unconstitutional.” The BJP, meanwhile, said the Kamal Nath-led government has no “moral, legal, constitutional right” to stay in power.
A two-judge bench of Justices D Y Chandrachud and Hemant Gupta is hearing the BJP’s plea for immediate floor test in Madhya Pradesh. The apex court on Tuesday had issued notice to the Madhya Pradesh government, Speaker and others over the issue after the BJP challenged the Speaker’s decision to adjourn the House till March 26 citing the coronavirus scare. The Congress, meanwhile, has approached the court seeking access to its rebel MLAs who are camped in Bengaluru. Governor Tandon has asked Chief Minister Kamal Nath to hold a trust vote.
The Supreme Court Wednesday asked the Madhya Pradesh Assembly Speaker NP Prajapati to decide on resignations of 16 MLAs and adjourned the hearing for Thursday at 10 am.
Singh says rebel MLAs will appear before SC. SC declines. It also does not allow HC registrar general to meet rebel MLAs.
SC: The latest judgment asks a Speaker to decide quickly. Tell us when will you decide? Singhvi: I don't want the Speaker's discretion to be curtailed. I can inform about it tomorrow morning.
Chandrachud: In all these orders that this court has passed, the only concern has been let there be no horse trading to which Singhvi replies, "How can there be horse trading when the horses are already under their captivity.
Sibal and Singhvi reply in negative, say SC judgement in Karnataka case makes a clear distinction between resignation and disqualification. Singhvi maintains Governor cannot direct Speaker on how to conduct the Assembly.
Supreme Court: "Why don't you accept their resignation? Won't he be disqualified automatically then? You can very well reject the resignation if you aren't satisfied. You postponed the Budget sessions on March 16th. How will a state function when you don't even pass the budget?"
Supreme Court: "Why don't you accept their resignation? Won't he be disqualified automatically then? You can very well reject the resignation if you aren't satisfied. You postponed the Budget sessions on March 16th. How will a state function when you don't even pass the budget?"
Singhvi: "Will the Supreme Court then in every case say the Governor has asked for the floor test, forget the Speaker and order it. This will be like asking Your Lordships to mandamus to commit Constitutional sin."
"A Resignation of the MLA has to be accepted, it can't be said to be accepted because the Governor saw something on TV, this is a new Article 190 jurisprudence. Entirely agree with Maninder Singh that Article 190 and disqualification are totally different. This is an argument I expressly made in the Karnataka case," Singhvi contends.
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Meanwhile, Digvijaya Singh has said he is planning to move the Karnataka HC for the "release" of Congress MLAs
"It is a kind of jugaad that they are trying to do. In a running assembly, you bring a no confidence but not some indirect plea for a floor test. How can Governor interfere with the Speaker's powers without paying heed to the rules of the assembly?" questions Singhvi on behalf of Speaker and the Congress.
Citing article 212 of the Constitution which bars Court from taking cognisance of action taking place inside the House, Singhvi says, "One most important point ignored is that it is a running assembly and not a fresh or a new assembly. And this court will never interfere with the Speaker's discretion in a running assembly. All cases cited by them were of new assembly."
Abhishek Manu Singhvi on behalf of the Speaker: "Is the Court to direct the floor test short circuiting the discretion of the Speaker in the running assembly, that is one main issue. There is a fundamental fallacy in their argument that the Governor has the locus, but it is the Speaker who has the locus. So, SG Mehta for the Governor can say he was prima facie satisfied, but the Governor has no locus here."
Maninder Singh, counsel appearing for 22 rebel MLAs: "Distinction between Resignation and Disqualification has to be kept in mind. The case before the SC today is that of Resignation of the 22 MLAs. I support the argument that the Govt has lost the majority and must immediately go to floor test."
Maninder Singh, counsel for the 22 rebel MLAs, continues that they held a press conference and declared that the decisions taken are on their own free will. "Right to resign is a Constitutional right, but what is the corresponding duty on the Speaker for accepting the resignation? Can he sit on the resignation, can he be choosy that he'll accept some, not accept others because political game is going on?"
Rohatgi questions why do they (Congress) want the MLAs to come to Bhopal? "So that they can lure them, do horse trading... Why do you (congress) want to meet them (rebel MLAs) when they don't want to meet you?" Citing the recent SC judgments in the Karnataka and Maharashtra government crisis cases, Rohatgi maintains: "These are all those cases where midnight hearing and Sunday morning hearings were held" These were times when Congress pressed for an immediate floor test.
Supreme Court: These 16 could tilt the balance this way or that way. We are thinking as to how we can ensure an order with teeth.They must have free unhindered access to the Assembly. They should be free to exercise, do whatever they want
Senior Advocate Mukul Rohatgi says he will produce the MLAs in the Judge’s chamber tomorrow morning. SC says no, Rohatgi then says let Karnataka HC Registrar General go to the MLAs, talk to them & videograph it.
Justice Chandrachud raises a question on affidavits signed by some of the 16 rebel Congress MLAs who have also filed an application for impleadment. "How do we ensure that the MLAs are free to take the decision?" he asked.
Senior Advocate Maninder Singh appearing for MLAs said the rebels had come in front of the camera and had addressed the press. "They are free," he told the court. Solicitor General Tushar Mehta also cited the interviews and said, "The Governor is satisfied that they are not held captive. Also they gave press interviews. The court can listen to those interviews."
Rebel Congress MLAs from Madhya Pradesh who are staying at a resort in Bengaluru, on Wednesday said they went there voluntarily. Issuing video messages, the rebels said they didn't want to meet senior party leader Digvijay Singh who was briefly detained near the resort this morning.
In response to the arguments, Justice Chandrachud said, "Their (Congress) argument is the MLAs have been whisked away. We can’t compel an MLA to do something. But we also are bound by Constitution to ensure that they are free to make their decisions."