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Jun 29 5 tweets 2 min read
Replug 🔌 — Supreme Court’s take on “Floor Test” ordered by Governor in Shivraj Singh Chouhan & Ors Vs. Speaker, MP assembly is relevant in light of #MaharashtraPoliticalTurmoil. Top Court’s take in 2020 was that it was well within powers of a Governor to call for a Floor Test.
Replug: Supreme Court had held that where the Governor has reasons to believe that Council of Ministers headed by Chief Minister has “lost the confidence of the house”, constitutional propriety requires that “the issue be resolved by calling for a floor test” [(2020) 17 SCC 1] —
Replug: It was the Supreme Court’s view at that Where MLA’s of ruling party resigned in an expression of “lack of faith” in existing government, convening a floor test is the surest method of assessing the impact of the resignations on collective will of House [(2020) 17 SCC 1]
Replug: Supreme Court has held that Governor is not denuded of power to hold a floor test “where on basis of material available to the governor it becomes evident that issue as to whether the Government commands confidence of the house requires to be assessed basis a floor test”
In April 2020, Justice Chandrachud led bench had upheld Madhya Pradesh Governor's decision asking the then Kamal Nath-led Congress govt to prove majority while relying on the 1994 9-judge SR Bomai verdict 1994 - that governor was right in calling for holding of trust vote".

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More from @LawBeatInd

Jul 1
BREAKING: #SupremeCourt is hearing plea by #NupurSharama asking transfer of FIRs registered against her in many states to be transferred to #Delhi for investigation. “The petition shows her arrogance!!” Justice Surya Kant remarks
Justice Surya Kant says “Sometimes power goes into head! People think that I have back up and say anything."

Sr. Adv Maninder Singh appears for Sharma.

#NupurSharama #SupremeCourt
Justice Pardiwala says “This statement by #NupurSharama is responsible for the unfortunate killing in #Udaipur "

#UdaipurHorror
Read 10 tweets
Jul 1
BREAKING: According to sources, the #MVA has moved a plea before #SupremeCourt seeking suspension of 39 ‘rebel’ MLAs till their disqualification petitions is decided by the Deputy Speaker.

#MaharashtraPoliticalCrises #UddhavThackeray #EknathShinde
The plea mentions “there could be no better way of rewarding defection than offering its leader the post of Chief Minister."

#EknathShinde #Maharashtra
The plea is likely to be mentioned in the #SupremeCourt today.
Read 7 tweets
Jun 30
Jammu and Kashmir High Court has taken cognizance on a letter petition against the
killing of #ReligiousMinorities living in #KashmirValley who are becoming victim of #Terrorism and failure of UT / Central Administration.
#KashmiriPandits
#KashmiriHindus
The bench initiated proceedings on the basis of a letter petition written to the Chief Justice of J&K High Court stating, nearly twelve attacks have been done on
local #ReligiousMinorities living in #KashmirValley apart from those who
came to #Kashmir for their bread, butter.
The letter submitted by @KPSSamiti through its President Sanjay K Tickoo stated that "the #KashmiriPandits/ Hindus want to leave #KashmirValley
but the Government is not allowing them to leave which can be gathered from
the press/ news reports and social media statements."
Read 5 tweets
Jun 30
BREAKING: UP government informs Allahabad High Court that, Javed Mohammad, whose house was demolished in #Prayagraj used the premises commercially for 'Welfare Party of India'. #UP has also told the court that the demolition order was passed on May 25, 2022.
#UP has filed a counter affidavit in plea filed by Javed’s wife Parveen Fatima before Allahabad High Court. The affidavit further states that Javed Mohammad is the State General Secretary of ‘Welfare Party of India’
According to the counter affidavit, Parveen Fatima in her plea has not told the court that a demolition order was passed in May 2022. It has been stated that the demolition order itself is not challenged in the plea and hence it is not maintainable.
Read 8 tweets
Jun 30
#SupremeCourt will today hear plea by alleged conman Sukash Chandrashekar seeking transfer out of Tihar jail on the ground that there is a threat to his life.
Bench to Chandrashekar’s lawyer: Last time you sought time to file an affidavit, we have not gotten a copy of it.

Basant, Sr. Adv, for Chandrashekar: we filed it on 28th June milords. The Director General of Prisons is extorting money.

ASG Raju: I received a copy on 29 June
ASG: He is running an extortion racket from jail milords, he has extorted around 300 crores. The moment they became strict he wants a transfer.

Court: We will adjourn to 13th July.

Basant, Sr. Adv: His life is in danger milord.

Court: Don’t worry, nothing will happen.
Read 5 tweets
Jun 29
#SupremeCourt is now hearing plea by #NawabMalik and #AnilDeshmukh asking the court to release them to participate in the #FloorTest tomorrow.
ORDER:

Having heard Ld. Sr. Counsel for the applicant and Mr.SG and we allow the applicants to participate in the special session of the State Legislative assembly, scheduled to be held tomorrow. Since they are in custody pursuant to cases registered by ED
Order:

CBI and ED are directed to escort them to Vidhan Sabha and once the proceedings are over, they shall be brought back to judicial custody.
Read 4 tweets

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