Thread by @legaljournalist

#MadhyaPradeshFloorTest: If Your Lordships apply law as they are suggesting, then this will happen in every assembly, submits Kapil Sibal.

#MadhyaPradeshCrisis: Sibal states that the rebel MLAs took chartered flights.

Questions the same. Why would they do that if they are free, he asks.

#MadhyaPradeshCrisis: They have manufactured minority. Parties manufacture majority but in this case they have manufactured minority.

The conclusion of the Governor is against all forms of governance without any material, says Sibal.

#MadhyaPradeshCrisis: The chartered flight went from VIDP in Delhi which is a high security area.

It means the central government gave permission.

Landing was also at a high security area - protected HAL airport, states Sibal.

#MadhyaPradeshCrisis: They were accompanied by CISF and BJP members, says Sibal.

#MadhyaPradeshCrisis: What kind of politics is that we cannot go to them, meet them or talk to them.

If such an order is passed then it will have serious impact (in future cases), says Sibal.

#MadhyaPradeshCrisis: Governor cannot say that I have lost majority even if I assume the MLAs have sent their resignation.

On what basis did he come to that conclusion so as to order a floor test, asks Sibal.

#MadhyaPradeshCrisis: Nabam Rebia judgment does not apply to this case. Any observation which is on aspects similar to this case is obiter, says Sibal.

#MadhyaPradeshCrisis: The only fact before Governor in this case was MLAstendered resignation and nothing else. Even if speaker does not accept majority, will governor come to conclusion that govt lost majority? It shows complete non application of mind (by Governor), says Sibal.

#MadhyaPradeshCrisis: Your Lordships should ensure that the Constitution works, not to lay down any precedent that will not make it work, submits Sibal.

#MadhyaPradeshCrisis: When the house is not in session, then the Governor is the Constitutional authority to be approached for seeking a special session, submits Sibal.

"There has never been a case where Governor seeks a floor test when house is in session, never"

#MadhyaPradeshCrisis: The way forward for them would be to go for a no-confidence motion.

Why are they brining the Governor into this and trying to take the aid of this Court under Article 32, asks Sibal.

#MadhyaPradeshCrisis: Sarkaria Commission and Punchhi commission reports also make it clear that only when the house is prorogued and not in session will the Governor step in.

It has never happened otherwise in the history of this country, says Sibal.

#MadhyaPradeshCrisis: Please don't equate power of Governor to summon the house with interference in proceedings of the assembly when it is in session. It will result in Constitutional anarchy, says Sibal.

#MadhyaPradeshCrisis: Sibal concludes.

Vivek Tankha now argues for State of MP.

He argues that Governor should not be part of inter-se politics between parties.

Letter of Governor is pre mature because resignations of MLAs have not been accepted, Tankha says.

#MadhyaPradeshCrisis: Mukul Rohatgi making arguments for BJP MLAs.

Why dont you move to a no confidence motion straight away, asks Justice Chandrachud.

I will answer that, says Rohatgi.

#MadhyaPradeshCrisis: The best example of running assembly in which Governor exercised powers is SR Bommai.

In Bommai, Karnataka was a running assembly, submits Rohatgi.

#MadhyaPradeshPoliticalCrisis: In Bommai, the Governor decided by himself that government is in minority and therefore imposed 356, says Rohatgi.

#MadhyaPradeshFloorTest: The point is whether Governor can fix the agenda for the house when house is in session, asks Justice Chandrachud.

#MadhyaPradeshCrisis: The speaker is yet to accept resignation. What if the speaker does not accept resignation. The Governor cannot decide whether they have resigned or not, justice Chandrachud.

#MadhyaPradeshPoliticalCrisis: Can this court pass an order based on Governor's conclusion, justice Chandrachud asks.

#MadhyaPradeshPoliticalCrisis: Why does speaker want two weeks to decide. He is in cahoots with the Chief Minister, Rohatgi.

#MadhyaPradeshPoliticalCrisis: If 16 MLAs turn up and vote against them, then the Cong govt falls. If they do not come at all, then also the govt falls because the floor test is based on members present and voting. If they appear and vote for them, then their govt stays, Rohatgi

#MadhyaPradeshPoliticalCrisis: In previous such instances they (Congress) had come to court at midnight and got floor test immediately. In this case, they are asking for two weeks, so that they can horse trade, argues Rohatgi.

#MadhyaPradeshPoliticalCrisis Every day makes a difference in horse trading. It is an unconstitutional game by a govt in minority. Yesterday, he made three districts when this matter is sub-judice, Rohatgi.

#MadhyaPradeshCrisis: The most fundamental provision of the Constitution is governance by majority.

Governor will be failing in his duty if he did not do what he did, Rohatgi.

#MadhyaPradeshPoliticalCrisis: The whole house was sitting (on Monday) and Governor was also there. Suddenly, coronavirus came at 12 in the afternoon and house was adjourned till March 26. No coronavirus at 10 am or 11 am, Rohatgi.

#MadhyaPradeshPoliticalCrisis: Rohatgi concludes.

Solicitor General Tushar Mehta appearing for Governor urges court to pass order expeditiously.

Every passing day makes a difference, says Mehta.

#MadhyaPradeshCrisis: Democracy is not speaker saying he needs two more weeks to decide resignations which were tendered ten days ago, SG Tushar Mehta.

#MadhyaPradeshPoliticalCrisis: The only reason they have not accepted resignations of 16 MLAs is that they have not appeared before the speaker despite two notices, Maninder Singh argues for rebel MLAs.

#MadhyaPradeshPoliticalCrisis: Why have they kept it pending. What is the objective inquiry that has to take place. What is the objective inquiry which took place with respect to 6 MLAs whose resignations were accepted, asks Maninder Singh asks.

#MadhyaPradeshPoliticalCrisis: The six MLAs whose resignations were accepted also did not appear before speaker. To keep resignations pending and insisting that 16 should appear in house are all to buy time, says Maninder Singh.

#MadhyaPradeshCrisis: Governor's powers fully subject to judicial review. Immunity from judicial review of Governor's powers were completely demolished in SR Bommai and Rameshwar Prasad, Sr adv AM Singhvi.

#MadhyaPradeshFloorTest: This is a case in which a minority is manufactured. It is not a case where anybody has staked claim to form government.

If their case is accepted, it will snow ball and fate of governments in future will be decided like this, Sibal says.

#MadhyaPradeshCrisis: Hearing concludes.

Court will assemble again in 10 minutes to inform how it intends to proceed.

#MadhyaPradeshPoliticalCrisis: Supreme Court orders convening of MP assembly on March 20 i.e tomorrow instead of March 26.

It shall be about a single agenda - whether govt enjoys majority.

Floor test to be videographed and to to be concluded by 5 pm on March 20.