Maha Guv Acting At Fadnavis’s Behest, Floor Test Order Unconstitutional: Sena Chief Whip's Plea in SC

Maharashtra Governor Bhagat Singh Koshyari is acting at the behest of Opposition leader and Bharatiya Janata Party’s Devendra Fadnavis, Shiv Sena chief whip Sunil Prabhu stated in his plea in the Supreme Court, challenging Koshyari’s direction to the Uddhav Thackeray-led Maha Vikas Aghadi (MVA) government to take the floor test in the Assembly at 11am on Thursday.

The SC vacation bench of Justices Surya Kant and J B Pardiwala took note of the submissions of senior advocate A M Singhvi that an urgent hearing was needed in view of the decision taken by the Governor. The SC hearing has begun.

“The Governor is involving himself in the internal wrangles of the Shiv Sena. He is acting with undue haste after meeting with Fadnavis late last night [Tuesday]. He has not even sought the CM’s views on the Opposition leader’s letter that the MVA government has lost majority,” the plea stated.

Terming the actions of the Governor “malafide, unconstitutional and illegal”, he said the order for floor test was in defiance of the fact that “the SC is seized of the disqualification matter”.

Thackeray had on June 27 moved the SC seeking disqualification of 16 rebel MLAs from the group led by Eknath Shinde.

The SC had kept in abeyance the disqualification proceedings against the rebel MLAs before the Deputy Speaker of the state Assembly till July 11, and also sought responses from the state government and others on their pleas questioning the legality of notices seeking their disqualification.

Prabhu stated that the Governor’s orders were “a desperate attempt to allow members facing disqualification safe passage” and “entirely based on media reports”, as none of the 39 rebel MLAs have appeared before, or written to him.

The plea stated that the Governor’s actions are a clear attempt to shield MLAs from punishment for defection.

Meanwhile, Shinde on Wednesday claimed the support of 50 dissident MLAs from his own party and independents, contending that they can pass any floor test number.

Visiting the Kamakhya temple in Assam for the second time in the day, Shinde asserted: “We have 50 MLAs with us, more than two-third of the legislators. We are not worried about the floor test and we will pass the test.”

Thackeray has called for a cabinet meeting at 5pm.

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