SC seeks Kamal Nath govt’s response by tomorrow on BJP’s plea demanding floor test  

SC seeks Kamal Nath govt’s response by tomorrow on BJP’s plea demanding floor test  

It also referred to the recent Maharashtra political crisis in which the top court had ordered the floor test within 24 hours.

The Supreme Court on Tuesday sought a response from the Kamal Nath government in Madhya Pradesh by Wednesday on plea of former chief minister Shivraj Singh Chouhan seeking a direction to conduct an immediate floor test on the floor of the assembly.

A bench headed by Justice D Y Chandrachud said that it will issue the notice to the state government and others, including the secretary of the legislative assembly, for tomorrow at 10.30 am.

Chouhan and nine other BJP lawmakers, including the leader of opposition in the state assembly, moved the Supreme Court on Monday just after Speaker N P Prajapati cited coronavirus concerns and adjourned the house till March 26 without taking the floor test, apparently defying the directions of Governor Lalji Tandon.

The plea sought a direction to the Speaker, the Chief Minister and the Principal Secretary of the Assembly to "hold the floor test in the Madhya Pradesh Legislative Assembly within 12 hours of the passing of the order by this court and as directions...issued by Governor".

The plea alleged that the Speaker, the Chief Minister and the Principal Secretary of the Assembly have "flagrantly violated the constitutional principles and have deliberately and wilfully defied the directions" issued by the governor asking the government to prove the majority on the floor of the house on March 16 when when the budget session was to commence.

It said there was internal dissatisfaction in Congress leaders and it came in public domain as many felt "betrayed due to non-fulfilment of many promises which were made by their party prior to elections".

The plea alleged that Nath does not wish to face floor test unless and until he gets an opportunity to either pressurise them or purchase them to vote in his favour.

The petition claimed that media reports have said the Chief Minister and his party tried to pressurise and threaten the 22 congress MLAs to withdraw their resignations, as a result of which they left the state.

It referred to various apex court judgements in cases including the S R Bommai matter and said that it was held that if the support to a government is withdrawn by some legislators then it is the duty of the Governor to direct the government to prove the majority by floor test.

It also referred to the recent Maharashtra political crisis in which the top court had ordered the floor test within 24 hours.

Besides Chouhan, nine other BJP MLAs, including Gopal Bhargava, leader of Opposition in Madhya Pradesh Legislative Assembly and Narottam Mishra, the Chief Whip of BJP in assembly are parties to the petition.

The BJP has 107 seats in the House, which now has an effective strength of 222, with the majority mark being 112.

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