Drama over MP floor test, SC asked to weigh in today
NEW DELHI/BHOPAL: The Supreme Court will hear on Tuesday a petition by Bharatiya Janata Party (BJP) lawmakers demanding an immediate floor test in Madhya Pradesh, after assembly speaker NP Prajapati abruptly adjourned proceedings for 10 days citing the coronavirus epidemic, scuttling the Opposition’s plans for a trust vote.
Late in the evening, governor Lalji Tandon issued a fresh deadline for the floor test and said he will consider chief minister Kamal Nath’s government to be in a minority if he failed to seek a trust vote by Tuesday.
But Nath appeared in no mood to relent and told reporters after meeting the governor that there was no need for trust vote as he enjoyed a majority on the floor of the house. “The opposition BJP had submitted a no-confidence motion, which can be discussed when the house reconvenes,” Nath said.
In the top court, a bench of justices DY Chandrachud and Hemant Gupta will hear the petition by 10 BJP legislators saying the Congress government lost the majority after the resignation of 22 of its MLAs and did not have the moral, legal or constitutional right to remain in power even for a single day.
The MLAs submitted that “horse trading” was at its peak in the state as the chief minister was making all possible attempts to convert his minority government into majority and it was, therefore, essential to hold the floor test immediately.
“…on account of lack of confidence and resignation of 22
› On one hand the BJP leaders have held Congress MLAs captive... and on the other hand they are claiming that the government is a minority one…The BJP’s modus operandi is very clear SHOBHA OZA, CONGRESS
› When the Congress govt has refused to honour the governor’s directive and the assembly was adjourned to avoid a floor test, the BJP had no option left but to knock the door of the Supreme Court DEEPAK VIJAYVARGIYA , BJP
MLAs of Congress party, out of which the resignation of six MLAs having been already accepted by Hon’ble speaker, the government led by Hon’ble chief minister has been reduced to minority and a floor test is a constitutional imperative”, the 10 BJP MLAs submitted.
The strength of the 230-member assembly was reduced to 228 after the death of two MLAs, one each from the Congress and BJP.
The Congress government’s problems began last week after 22 MLAs resigned from the assembly in the wake of former Union minister and Congress leader Jyotiraditya Scindia joining the BJP. The speaker later accepted the resignation of six members, bringing the strength of the House to 222, with the majority mark at 112.
Before the crisis, the Congress had 114 MLAs, and enjoyed the support of four independent legislators, two MLAs of the Bahujan Samaj Party and one legislator of the Samajwadi Party. The BJP has 107 MLAs.
The petitioners, led by former MP chief minister Shivraj Singh Chouhan, rushed to the apex court after the speaker’s surprise adjournment of the assembly until March 26.
The adjournment without holding the floor test, the petitioners alleged, was in defiance of Tandon’s direction to hold the test on Monday itself. “They (22MLAs) are voluntarily staying outside the state of Madhya Pradesh as they apprehend danger to their lives in the state”, the MLAs alleged in their petition.
Assembly proceedings began at 11am with Tandon advising lawmakers to honour the “constitutional traditions” and protect the state’s glory. The 16 MLAs whose resignations have not been accepted by the speaker weren’t present. Tandon read out part of the mandatory governor’s address before the start of a new assembly session in a calendar year.
“Given the present situation in the state, it’s imperative on all to discharge their duties and comply with rules in a peaceful manner and with commitment as per Constitutional traditions so that Madhya Pradesh’s glory and constitutional traditions could be protected,” the governor said.
No sooner had the governor left the house, leader of the Opposition, Gopal Bhargava, started reading out the governor’s letter to the chief minister regarding the floor test, leading to pandemonium in the house. In the letter, Tandon had asked Nath to hold a floor test on Monday.
In the din, Congress MLA Praveen Pathak proposed a vote of thanks on the governor’s address and another Congress MLA, Kunal Chaudhary, seconded it. The speaker fixed March 19 for a discussion on the governor’s address.
As the Opposition continued to demand a floor test, parliamentary affairs minister, Govind Singh, said the Opposition should bring the rebel Congress MLAs to attend the assembly proceedings.
Gopal Bhargava said, “The governor’s order (on floor test) is not being complied with at all.” On this, speaker NP Prajapati said, “Whatever correspondence has taken place it is between you and the governor, not with the speaker.”
State finance minister Tarun Bhanot interjected and said, “The Opposition is not concerned over public’s health. Coronavirus is spreading but they (the BJP) are talking of politics.”
When the house resumed after a five-minute adjournment, Chouhan said, “The government is a minority government. The governor has asked the chief minister under the powers bestowed on him by the Constitution, to seek a trust vote in the House. The government should first seek a trust vote.”
But Prajapati didn’t respond to the demand and adjourned the House.
“Given the state assembly’s session, it is difficult to prevent the lawmakers from assembling in groups and meeting one another. Hence, in view of the members’ health, precautionary measures undertaken by other state assemblies, advisory issued by government of India (on coronavirus) and larger public interest, the state assembly’s proceedings are being adjourned till March 26”, Prajapati said.
Later in the day, Tandon wrote to Nath and asked him to prove his majority by Tuesday.
“I regret that despite the timeframe given by me to you to conduct floor test, you have instead written a letter and expressed inability to conduct the floor test…The reasons given by you for not conducting the floor test are invalid,” the letter read. On Monday morning, Nath had written to Tandon saying the floor test couldn’t be conducted till the Congress MLAs are held “captive” by the BJP.
State Congress media in-charge Shobha Oza said, “Irony is on one hand the BJP leaders have held Congress MLAs captive in a brazen manner and on the other hand they are claiming that the government is a minority one…The BJP’s modus operandi is very clear. It wants to grab power by hook or by crook.”
State BJP chief spokesperson Deepak Vijayvargiya said, “When the Congress government has refused to honour the governor’s directive and the state assembly was adjourned to avoid a floor test, the BJP had no option left but to knock the door of the Supreme Court.”