Supreme Court Orders Maharashtra Floor Test, Sets Stage To End Political Crisis
Supreme Court rules out secret ballot, orders live telecast of Maharashtra floor test after swearing-in of MLAs by 5:00 pm.
The Supreme Court ordered Bharatiya Janata Party leader Devendra Fadnavis to prove the majority of his government on the floor of Maharashtra assembly on Wednesday, setting the stage for the culmination of drama that started with Nationalist Congress Party leader Ajit Pawar switching sides on Saturday.
The Maharashtra floor test will be conducted by the pro tem speaker appointed by the governor of the state, said the bench headed by Justice NV Ramanna and comprising Justice Ashok Bhushan and Justice Sanjeev Khanna.
As per the precedent, the seniormost member of the assembly is appointed as the pro tem speaker who doesn’t have any powers to disqualify members and is only responsible for ensuring the floor test is carried out.
According to the Supreme Court judgment, which came on a joint petition filed by the Shiv Sena, the NCP and the Congress, the oath-taking ceremony of the legislators has to be carried out by 5:00 pm on Wednesday and the floor test has to be conducted immediately after that. There will be no secret ballot and the proceedings of the house will have to be telecast live.
Fadnavis took oath as Maharashtra chief minister early on Nov. 23 along with Ajit Pawar as his deputy after the President’s rule in the state was revoked overnight. That came after the BJP's estranged partner Shiv Sena, the NCP and the Congress arrived at a consensus to name Sena Chief Uddhav Thackeray as the leader of the state alliance.
While Ajit Pawar claimed support of the entire NCP, MLAs later removed him as the head of the legislature group with his uncle and party chief Sharad Pawar pledging support to the alliance. The three partners then moved the Supreme Court against the governor's invitation to Fadnavis.
The top court, in its order, said that separation of powers is a well-established principle and courts should interfere in democratic processes only as a last resort. “This was one such case where even the oath-taking of members was not completed after a month of conclusion of elections.”
Such a situation can give rise to possibility of unlawful practices such as horse trading and to prevent that, the floor test has to be conducted immediately, the bench said. It then asked the governor to complete the Maharashtra floor test on Wednesday.