MP crisis: Won’t come in way of floor test, says Supreme Court

The apex court said it is not going to come in the way of the legislature to decide who enjoys the trust but it has to ensure that there is a free exercise of choice which these 16 MLAs can make. “As a constitutional court, we have to discharge our duties,” said the bench, adding, as of now it knows that the 16 rebel MLAs in Madhya Pradesh tilt the balance one way or the other.

The bench was hearing cross petitions filed by former Madhya Pradesh Chief Minister and senior BJP leader Shivraj Singh Chouhan and Congress on the ongoing political crisis in the state.

The 15-month old Kamal Nath-led Congress government was pushed to the brink of a collapse after its prominent leader Jyotiraditya Scindia quit the party and in a coordinated rebellion 22 MLAs loyal to him put in their papers last week. While Scindia joined the BJP on March 11, MP Assembly Speaker N P Prajapati accepted the resignations of only six of the 22 MLAs who are staying in Bengaluru.

The Congress accused the BJP of destroying democracy by muzzling power. Appearing for the Speaker, senior advocate Abhishek Manu Singhvi said, “How can there be horse-trading when the horses are already under their captivity.”

On the other hand, senior advocate Mukul Rohatgi, appearing for Chouhan, said as an alternative, the Registrar General of Karnataka High Court could go and meet the rebel MLAs in the judge’s chamber, which the court denied.

The BJP moved the top court on Monday after Speaker N P Prajapati adjourned the session citing coronavirus fears.

Rohatgi alleged that the Congress wants the rebel MLAs to go to Bhopal so that they can be lured and they can do horse-trading.

Senior Advocate Maninder Singh, appearing for the MLAs, said their right to resign was constitutional and asked what was the corresponding duty of the Speaker for accepting resignations. Singh said all these MLAs held a press conference declaring that the decisions they took was based on their own free will and the same has been sworn in their affidavits as well. “We aren’t abducted and are producing this evidence in a CD to the court. We don’t want to meet the Congress leaders, there is no principle of law to compel us,” the MLAs told the bench.

During the hearing, the state Congress also sought a deferment of the trust vote called by the BJP till completion of by-polls to fill the seats vacated by six MLAs whose resignations have been accepted.

Citing article 212 of the Constitution, which bars the court from taking cognisance of action taking place inside the House, Singhvi said, “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.”

Meanwhile, Digvijaya Singh has said he is planning to move the Karnataka High Court for the “release” of Congress MLAs.

Claiming that the Governor is the constitution head of the state and was responsible for the functioning of the government in accordance with the constitution, the BJP said the Congress was “desperate for power”.

The majority mark in the Assembly is now 112 after six MLAs resignation was accepted on Saturday. Meanwhile, the BJP has 107 seats, whereas the Congress has 108, including the 16 whose resignations are yet to be accepted.

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