[Maharashtra Political Crisis] Five grounds raised by Shiv Sena before Supreme Court to set aside Governor's floor test order

The Maharashtra Governor could not have called for a floor test when petitions relating to disqualification of certain MLAs are pending before the Supreme Court, the Shiv Sena has told the apex court in its petition assailing the Governor's decision to schedule the floor test in Maharashtra assembly tomorrow [Sunil Prabhu vs Principal Secretary, Governor of Maharashtra and anr]..The plea filed by Shiv Sena whip Sunil Prabhu states that the issue of disqualification of Members of Legislative Assembly (MLAs) is directly connected with the issue of a floor test, but the Governor proceeded to ignore the same while directing a floor test in a jiffy."The Hon’ble Governor vide communication dated 28.06.2022 (which was received today i.e., on June 29, 2022 at about 9:00 am) has in complete defiance to the fact that this Hon’ble Court is seized of the issue of the disqualification proceedings, has in a desperate attempt to allow the members, who have incurred disqualification, a safe passage decided to hold a floor test on June 30, 2022," the plea filed through advocate Javedur Rahman said.Pertinently, the plea said the principle laid down by the top court in the case of Nabam Rebia, requiring the deferment of disqualification proceedings till the adjudication of the no-confidence motion moved against the speaker, cannot be extended to a situation where even a floor test that has the potential to bring down a government is allowed to be conducted.This would mean that delinquent MLAs who have erstwhile incurred disqualification on account of unprincipled defection are allowed to perpetuate their constitutional sin further and achieve their oblique motive in bringing down a government, the plea states..Below are the five important grounds raised in the plea:.Governor's communication to hold floor test based on media reports with no concrete materialThe communication by the Governor for a floor test is entirely based on media reports with no concrete material whatsoever. None of the 39 MLAs have individually or collectively written to the Governor about their decision to withdraw support from the Maha Vikas Aghadi government..Governor can't direct floor test on advice of leader of oppositionThe directions for a floor test 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 10:00 pm on June 28, 2022 and the impugned communications are also of the same date. This only shows the undue haste with which the Hon’ble Governor has acted without even asking the CM of his views in respect of the political scenario in the State. The impugned directions, it seems, have been issued on the “aid and advice of the leader of opposition”, which is clearly not contemplated under the constitution," the plea reads..Floor test cannot be held when case relating to disqualification of MLAs is pending before Supreme CourtThe plea states that there is absolutely no ground or material to call for an urgent floor test on June when the Supreme Court is already seized of parallel proceedings and wherein constitutional issues are to be decided.The Governor has in complete defiance to the fact that the apex court is seized of the disqualification proceedings, decided to hold the floor test so that the MLAs who are facing disqualification can participate in the floor test..Nabam Rebia principle cannot be applied unmindfully to bring down elected governmentsThe plea underscored that the Nabam Rebia principle requiring the deferment of adjudication of Tenth Schedule proceedings till the adjudication of the no-confidence motion moved against the Speaker, cannot be unmindfully extended to a situation where even a floor test having the potential of bringing down a government is allowed to be conducted."The issue of disqualification is directly connected/interlinked with the issue of floor test," the plea states..Tenth Schedule proceedings only a formal adjudication of disqualification already incurredA person who commits the constitutional sin of defection already loses his membership on the date of commission of the sin of defection."The disqualification proceedings under the Tenth Schedule are only a formal adjudication of this fact or otherwise of disqualification. The order of the Speaker/Deputy Speaker is an ex post facto recognition of the event of disqualification which had occurred at an anterior point of time," the plea stated..The plea will be heard by a bench of Justices Surya Kant and JB Pardiwala at 5 pm today. .Maharashtra has been embroiled in political crisis after Cabinet Minister Eknath Shinde and a rebel group of MLAs left the State first for Surat in Gujarat and then for Guwahati where they have been encamped for more than a week now.Shinde group has expressed its displeasure with the alliance by Shiv Sena with the Congress and Nationalist Congress Party.The Supreme Court on Monday had granted interim relief to Eknath Shinde and his rebel group of MLAs by extending the time to file response to the disqualification notice sent by the Deputy Speaker, till July 12.