Maharashtra Governor's decision for a floor test illegal, Shiv Sena chief whip tells SC

Shiv Sena chief whip Sunil Prabhu on Wednesday asked the Supreme Court to quash the Governor's direction to conduct a floor test on June 30 as he did not take into account Deputy Speaker's disqualification notices to 16 rebel MLAs and pendency of the matter before the top court.

The plea questioned the "undue haste" shown by the Governor on request of the Leader of Opposition in his letter issued on Wednesday at 9 am. This is clearly not contemplated under the Constitution.

The communication by the Governor issued on Wednesday "is completely arbitrary and illegal and therefore violative of Article 14 of the Constitution, apart from giving a fillip to the constitutionally abhorrent sin of defection which the Tenth Schedule (anti-defection law) seeks to curtail," it contended.

The comunication is in complete defiance to the fact that the top court is seized of the issue of the disqualification proceedings against the 16 Shiv Sena rebel MLAs, it added.

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The plea also pointed out that the court is considering the validity of the disqualification proceedings and has kept the matter for hearing on July 11, and the issue of disqualification is directly connected with the issue of floor test.

Senior advocate Abhishek Manu Singhvi mentioned the plea before the court on Wednesday morning.

A vacation of Justices Surya Kant and J B Pardiwala agreed to take up the plea at 5 pm Wednesday.

The plea also said the directions ought not to have been issued without the aid and advice of the council of the ministers led by the Chief Minister.

“It is surprising that the leader of opposition admittedly meets the governor at 10:00pm on June 28 and the impugned communications are also of the same date. This only shows the undue haste with which the Governor has acted without even asking the CM of his views in respect of the political scenario in the state," it added.