Maharashtra crisis: SC gives go ahead to floor test on June 30

The Supreme Court on Wednesday refused to stay the Maharashtra Governor's direction to hold a floor test in Maharashtra Assembly on June 30, in an endgame to Uddhav Thackeray-led Maha Vikas Aghadi government, after a rebellion by Eknath Shinde and 48 other MLAs.

A bench of Justices Surya Kant and J B Pardiwala, however, said the result of floor test would be subject to the outcome of the proceedings in a petition by Shiv Sena Chief Whip Sunil Prabhu.

The court decided to hear the matter on July 11 along with a writ petition filed by Shinde and others questioning the disqualification notices issued against them by the Deputy Speaker.

After about three-and-half hours of hearing, the top court passed its brief order, allowing the Assembly proceedings to take place as per the communication issued by the Governor on Wednesday.

Minutes after the order, Uddhav Thackeray resigned as Chief Minister, making the order by the top court inconsequential.

During the hearing, senior advocate A M Singhvi contended the Governor can't short circuit proceedings by Supreme Court and that of the Speaker on disqualification petitions against 16 rebel MLAs. He submitted that in fact, disqualification petitions were also filed against 23 other MLAs.

"How will you reverse the floor test if those MLAs who conducted constitutional sin (under the Anti-Defection Law) also get right to vote in Assembly proceedings?" he contended.

Singhvi also claimed the Governor here has acted on advice by Leader of Opposition Devendra Fadnavis, instead of calling the Chief Minister.

"Those who believe that the Speaker is only political and the Governor can never be political, I tell them, wake up and smell the coffee, don't live in ivory towers," he said.

Singhvi also said "If everybody, including those facing disqualification proceedings voted on Thursday, would it not mean putting the cart before the horse".

He also submitted the Governor's decision would hit at the root of the democracy as it showed "undue and unholy haste".

Senior advocate N K Kaul, appearing for the rebel MLAs, submitted that the "dance of democracy" takes place on floor of the House.

"This is an area carved out for the discretion of the Governor. Unless the decision of the Governor is held to be grossly irrational or malafide, there can be no interference," he said, adding independent MLAs have written to him.

He accused the MVA government led by Thackeray of clinging to the power even after losing majority in their own party and the House.

Out of 55 MLAs of Shiv Sena, 39 are dissident. The pendency of disqualification petition is inconsequential, he said, claiming, "Today, we are the Shiv Sena, they are in hopeless minority."

Senior advocate Maninder Singh, supporting Kaul, contended no aid and advice was required from the Council of Ministers for the Governor to order the floor test.