Beleaguered Madhya Pradesh Chief Minister Kamala Nath got just 24 hours to win back the 16 rebel Congress MLAs as the Supreme Court on Thursday directed Madhya Pradesh Assembly Speaker NP Prajapati to convene a special session of the House on Friday for conducting the floor test of the Kamal Nath-led Congress Government. The test must be concluded by 5 pm, the SC said.
A division bench of Justices DY Chandrachud and Hemant Gupta ordered video recording and possible live streaming of the Assembly proceedings when the floor test is conducted.
The bench directed the police chiefs of Madhya Pradesh and Karnataka to provide security to the 16 rebel Congress MLAs if they choose to appear in Assembly for trust vote.
The bench also ordered that the Assembly will have a single point agenda of the floor test and no hindrance is to be created for anyone. It asked the State Assembly Secretary to ensure that there is no breach of law and order.
Earlier in the day, the SC suggested that the Speaker should interact with the rebel Congress MLAs through video link or the court can appoint an observer to allay the fear that the legislators are in captivity. However, the Speaker refused to accept the proposal.
The bench said it can create conditions to ensure that “exercise of volition” of the rebel MLAs is “truly voluntary”.
“We can appoint an observer to Bengaluru or some other place so that the rebel MLAs can connect with the Speaker through video conferencing after which he can decide,” the bench said.
It also asked the Speaker whether any inquiry was made on the resignation of the rebel MLAs and what decision he has taken on them.
Senior advocate A M Singhvi, appearing for the Speaker, said the day court begins to give time-bound direction to the Speaker, it will be constitutionally problematic.
The counsel appearing for Governor Lalji Tandon told the bench that Nath was “sitting aside” in the turn of events and it is the Speaker who is “leading the political battle” in court. The bench asked all the parties how the decision of a Speaker in matters of resignation and disqualification of MLAs affects the floor test.
It said the constitutional principle which emerges is that there is no restraint on trust vote because of resignation or disqualification being pending before the Speaker. It said, therefore, the court will have to flip around and see whether the Governor acted beyond the powers vested in him.
During the hearing, the bench said that if the Government loses the majority when the Assembly was not in session, then Governor has the power to direct the Speaker to summon the Assembly.
“What happens when the Assembly prorogues and the Government loses its majority, then the Governor can call the Assembly,” the bench said.
Singhvi said the Governor has very limited power with regard to functioning of the Assembly and he can only summon, prorogue and dissolve the House, but he cannot intervene into the functioning of Assembly which falls under the purview of the speaker.
The Governor cannot ask the Speaker you should do this, you should not do this, it is beyond his power, he said.