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This is an archive article published on March 12, 2008

SC refuses to advance MUA floor test

Refusing to interfere with the Governor’s decision to invite the Indian National Congress to form the next Government in Meghalaya...

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Refusing to interfere with the Governor’s decision to invite the Indian National Congress to form the next Government in Meghalaya, the Supreme Court on Wednesday rejected the Meghalaya Progressive Alliance’s (MPA) request to reduce the time granted to the Meghalaya United Alliance (MUA) Government headed by Chief Minister D D Lapang to prove his majority in the House.

On Wednesday, NCP leader P A Sangma’s son and MLA Conrad K Sangma had filed a petition challenging Governor S S Sidhu’s decision to invite the Congress, ignoring the MPA, terming it illegal and unreasonable.

A Bench presided over by Chief Justice of India K G Balakrishnan observed that there were “no extreme circumstances” to advance the time granted to the Congress-led Government to prove its majority. It also refused to entertain arguments by senior advocate Soli J Sorabjee.

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After Sorabjee failed to convince the Court, also comprising Justices R V Raveedran and Dalveer Bhandari, that a prime facie case of illegality is made out against Sidhu’s decision, he urged the Court to pass directions to at least advance the time granted to Lapang for proving majority. He pleaded that 10 days time given to the new Government to prove its majority in the House was too long and runs contrary to the Governor’s report of 1971, which said it must be within five to seven days. But unfazed by his submissions, the CJI sought to know, “What difference it would make in three or four days? In extreme circumstances, like if the Governor would have granted two or three months, we could have done it.”

Echoing the same opinion, Justice Raveendran noted, “Within 10 days it would be clear, why do you worry? Otherwise also, we proceed on the premise that they (MLAs) are all honourable men, but you are presuming that they are not by apprehending that they will be bought,” Justice Raveendran said. The CJI chipped in, “You have 31 members with you. Why do you worry, it is clear mathematics.”

But Sorabjee, urging the court to at least issue a notice and hear the respondents on Thursday, said, “There are political compulsions. All I want is preponing of the date for the floor test.”

The Bench also raised strong objection to the parties named in the case, like the Chief Secretary who has been named in the petition besides the Speaker and the leader of Congress party chief Lapang. The CJI observed, “The Chief Secretary has no role in constituting a new Assembly. These respondents have no role, no authority.”

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Unwilling to issue any notice to the respondents, the Bench adjourned the matter for further hearing on March 24.

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