Maharashtra crisis: SC to hear Shiv Sena’s plea against floor test. What to expect today?
India Today
The Supreme Court is set to hear the Uddhav-led faction's plea against a floor test today at 5 pm. Here's what could happen.
Maharashtra Governor Bhagat Singh Koshyari issued a letter to the Maharashtra Legislature Secretary late on Tuesday night, directing him to hold a floor test of the Shiv Sena-led government on June 30 after Bharatriya Janata Party (BJP) leader Devendra Fadnavis handed Koshyari a letter seeking the same.
However, the Maha Vikas Aghadi (MVA) government moved the Supreme Court against the Governor's letter mandating the Uddhav Thackeray-led dispensation to face a floor test. The top court has agreed to hear the Shiv Sena's plea against a floor test today at 5 pm
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Senior Advocate AM Singhvi is expected to seek a stay on the Governor’s order directing a floor test tomorrow. Stay will be sought on the basis that the disqualification of the 16 MLAs ought to be decided first.Kaul is expected to oppose the plea on the ground that the disqualification proceedings should have no impact on the floor test. He will reiterate the powers of the Governor to call for a floor test and cite several earlier SC precedents where the same has been upheld.Tushar Mehta, on behalf of the Governor too is expected to defend the decision to call for a floor test citing the letter received by him on behalf of the independent MLAs and the subsequent request made by the leader of opposition in the Maharashtra Assembly.Since the floor test is scheduled for tomorrow, an order is expected from the Supreme Court today itself on whether the floor test will be stayed or not. Past precedent indicates that the Supreme Court is not likely to stay the floor test altogether, but the following scenarios may be a possibility:SCENARIO 1 - Supreme Court refuses to interfere with the order of the Governor and gives the green flag for the floor test tomorrowSCENARIO 2 - Supreme Court accepts the arguments made by the Uddhav faction in part and issues orders regarding the disqualification proceedingsSCENARIO 3 - Supreme Court schedules the floor test for another date. This will, however, be sometime in the coming few days itself.SCENARIO 4 - Supreme Court temporarily stays the floor test tomorrow and decides that the issue requires deeper consideration
Chief Whip of the Shiv Sena, Sunil Prabhu, approached the Supreme Court with an urgent application early in the morning challenging the Maharashtra Governor’s order calling for a floor test on June 30, 5:00 pmDr AM Singhvi mentioned the plea for an urgent hearing before the bench of Justices Surya Kant and JB Pardiwala at 10:30 am, as soon as the bench assembledSinghvi stated that the order directing the floor test was “completely illegal” and sought a hearing at 6:00 pm todaySinghvi stated that the floor test cannot include names that are stigmatized. The floor test was challenged on the grounds that the disqualification of 16 MLAs was pending before the SC.Neeraj Kishan Kaul who appeared for the Shinde faction opposed the plea. He stated that calling the floor test was the prerogative of the Governor.Kaul further said that pending disqualification proceedings have nothing to do with the floor test.Justice Surya Kant stated that they agree there is an urgency in the matter and listed the matter for hearing at 5 pm.Dr Singhvi asked to ensure that all parties have been provided with a copy of their plea and all relevant documents by 3 pm.
Dr Abhishek Manu Singhvi for the Shiv Sena (Uddhav faction)Neeraj Kishan Kaul for Eknath Shinde and the rebel MLAsSolicitor General Tushar Mehta for the Maharashtra GovernorRajeev Dhawan for the Deputy Speaker