Thread by @LawBeatInd

#SupremeCourt will shortly hear the plea filed by #ShivSena Chief Whip challenging the communication issued by #Maharashtra governor calling for a floor test on June 30.

#MaharashtraPolitcalCrisis #EknathSinde

Bench assembles.

Singhvi for #SunilPrabhu: I have 7 or 8 points. Preliminary point generally the letter which tells us about the floor test says that June 28, #Devendra_Fadnavis met the governor and today at in the morning, we received this intimation. As a matter of fact, 2 NCP MLAs have #COVID

Singhvi for #SunilPrabhu: The floor test determines which government represents the people. It is suppose to find out the true majority.

#MaharashtraPolitcalCrisis

Singhvi for #SunilPrabhu: If the disqualification proceedings happen, the pool will change. The size of the pool depends on whether people have committed a constitutional sin or not.

#MaharashtraPoliticalCrisis

Singhvi For #SunilPrabhu: The governor knows that the #SupremeCourt has taken over the matter pertaining to disqualification. The court has substituted a court regime as opposed to the speaker’s regime.

#MaharashtraPoliticalCrisis

Singhvi: The only right thing for the governor was to await the decision of Supreme Court.

#SupremeCourt : How will the proceedings become infructuous?

Singhvi: How will the court reverse the damage done by the floor test?

#MaharashtraPolitcalCrisis

Singhvi: Vote confidence cannot be held within 6 months after the floor test.
Court: As far the disqualification issue is concerned, the matter is subjudice before us. We will surely decide either way. But how does the #FloorTest depend on this issue?
#MaharashtraPolitcalCrisis

Singhvi: A disqualification once found by the speaker, relates back to the date of disqualification. These MLAs stand disqualified on 21/22 when they did the act. The court cannot treat them even as members as of that day

#MaharashtraPolitcalCrisis

Court: Is your contention that there will be a presumption of deemed disqualification under the 10th schedule?

Singhvi: The fact that the court has stopped the process, would mean that the persons cannot have it both way. PROCESS OF DISQUALIFICATION IS STOPPED

Singhvi: The fact that the court has interdicted the process, the fact of the matter is that they cannot have it both ways - 3 constitution benches have said that 10th schedule represents a "constitutional sin"

#MaharashtraPoliticalCrisis

Supreme Court: The 10th schedule laws are extremely well-balanced and extremely well-protected. No one can contest that.

#MaharashtraPoliticalCrisis

Court: The court’s intervention is only on basis of the #EknathSinde ’s exceptional circumstances. The time period was extended because of their notice disqualification of Dy Speaker.

#MaharashtraPolitcalCrisis

Supreme Court says that Singhvi has vast experience in cases like this and he needn't cite the plethora of cases already in place.
Singhvi says, "They will use my own arguments against me!" (light-hearted)

#MaharashtraPolitcalCrisis

Singhvi for Sena Whip: A very practical question, when your Lordships have intervened, how does anybody set it right if the Government is to be voted on a person who is disqualified?

#MaharashtraPoliticalCrisis

Singhvi for Sena Whip says that the voting is being allowed by a person who may be disqualified. "This nips right at the bud of democracy. There is so much undue haste!"

#MaharashtraPoliticalCrisis

Singhvi: Hon'ble Governer works on the aid and advise of the CM and certainly cannot act on the aid and advise of the leader of the opposition.

#MaharashtraPoliticalCrisis

Singhvi: Hon'ble Governer works on "the aid and advise of the CM" and certainly cannot act on the aid and advise of the opposition! The situation is that the trust vote can be made two days after Monday. They came faster than expected!

#MaharashtraPoliticalCrisis

Singhvi: For a person to come voluntarily to give up party's membership, he does not have to give it writing. His conduct says it.

Singhvi is reading out a judgment to substantiate this position.

#MaharashtraPoliticalCrisis #EknathSinde

Singhvi: The act of giving a letter requesting to call upon leader on opposite side to form a government is illegal. My friends on the opposite side seem to think they can do what they want!

#MaharashtraPolitcalCrisis

Singhvi: The governor gets the letter from these MLAs and acts only after the leader of the opposition meets him.

Court: Are you disputing the numbers in the letter?

Court: Yes milord, I am.

#MaharashtraPoliticalCrisis

SC: Our limited understanding of 9 Judge bench judgment of Bommai is that these issues cannot be left to the satisfaction of the governor.

Singhvi: But in those cases, they are those of simplicitor floor test or disqualification simplicitor.

#MaharashtraPoliticalCrisis

Singhvi for Sena Whip says that in facts of the present case the SR Bommai judgement does not apply.

Supreme court: Then what should the Governor do? Should the Governor wait for these notices? Or should he decide independently?

#MaharashtraPoliticalCrisis

Singhvi: These people go to Surat and Guwahati and send an email which is unverified to the Speaker. That itself is against establish tenets in Rabia judgment. These people have hobnobbed with BJP and this is against the established law of Defection.

#MaharashtraPoliticalCrisis

Singhvi: The Floor test begs the question, who is going to vote on the floor test. This lies at the test if WILL OF THE PEOPLE. This is clear interdiction of the will of the people.

#MaharashtraPoliticalCrisis

Singhvi: Whatever is happening is a mockery of the law. I have at the moment, only read the letter which says only two things that they are unsatisfied and they want to exit.

#MaharashtraPoliticalCrisis

Singhvi is arguing that the floor test must only be held, if at all, after the disqualification petition(s) are decided. He is currently relying on the landmark judgment of Kihoto Hollohan vs Zachillhu And Others

#MaharashtraPoliticalCrisis

Singhvi reads from various judgments supporting his contention.

#MaharashtraPoliticalCrisis

Singhvi referring to judgment in the case of Bommai he says “the validity of the proclamation issued by the president will be judicially reviewable. Milords the President is a higher authority than the Governor.”

#MaharashtraPoliticalCrisis

Singhvi is arguing that the aid and advise of the Council of ministers is indispensable.

#MaharashtraPoliticalCrisis

Singhvi says that the cases in which he appeared and the Supreme Court ruled otherwise (That the Governor has the power to call for a floor test) were cases which are not relevant in the facts and circumstances of the present case.

#MaharashtraPoliticalCrisis

Singhvi: These 5 cases in which I appeared are simple cases, in which the court had to simply decide whether there was a need for a floor test or not. In short, they were simpliciter cases. (He now reads parts of Harish Chandra Rawat Vs. UOI)

#MaharashtraPoliticalCrisis

Singhvi: In ShivRaj Singh Chouhan (where SC ordered floor test in MP), it was a case where an artificial majority was sought to be made by making people resign.

#MaharashtraPoliticalCrisis

Singhvi: In Shivraj Singh Chouhan, the court said, there is no fetter on the Floor Test, this is the closest case to the facts of the present case.

#MaharashtraPoliticalCrisis

Singhvi: Only your lordships can stop the floor test. (Singhvi reads his own contentions in the Shiv Raj Singh Chouhan case, stating that the opposite side's lawyers are relying on his contentions to perpetuate their own contentions)

#MaharashtraPoliticalCrisis

Singhvi: Here, the prime difference is that the Speaker is not a free agent (unlike the MP Floor test case wherein the Kamal-nath led Congress Government was toppled on account of no-confidence)

#MaharashtraPoliticalCrisis

Singhvi: The point of the matter is that nothing prevents the speaker from taking a decision despite convening of trust vote. However, this is a poignant situation - Suppose speaker was permitted to proceed and the floor test were to be held, then will the system work?

Singhvi: Today, the hands of the speaker are tied.

#MaharashtraPoliticalCrisis

Singhvi: This kind of a floor test, with 4 members - 2 down with covid, 2 abroad.. Governor not acting in accord with aid and advise of Council of ministers... is a piquant situation. Prabhu is a whip.

#MaharashtraPoliticalCrisis

Singhvi: Mr. Prabhu's whip has to be either obeyed or of Mr. Kaul. That is undecided - who is the whip? Therefore, At the end of the day, the Court must balance. A temporary abeyance must be kept.

#MaharashtraPoliticalCrisis

Singhvi completes his submissions.

#MaharashtraPoliticalCrisis

Kaul for #EknathSinde : The speaker is seized of a matter, he has proceedings against him. He cannot proceed with the matter at all.

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde : A floor test should never ever be delayed. Merely because of pendency of proceedings, pertaining to whether an MLA or MP has resigned, a floor test cannot be delayed.

#MaharashtraPoliticalCrisis

Court: These proceedings are not voluntarily pending before the speaker, they are pending because of the order of the court. That is what the other side has said.

#MaharashtraPolitcalCrisis

Kaul: The #SupremeCourt has said such proceedings can be decided and should be decided. In the meantime, these people constitute the strength of the court.

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde : The #SupremeCourt says if there is a petition pending, the speaker cannot touch the matter. He has to deal with his own disqualification.

Court: This argument suggests that we should first determine the competence of the speaker.

#Maharashtra

Kaul for #EknathSinde : A government that enjoys a majority, will be ready to go to a #FloorTest . The #SupremeCourt has said a government that is hesitant may have lost the trust of the house.

#MaharashtraPolitcalCrisis

Court: The power of the governor to issue notice to the #FloorTest is absolutely independent, we will proceed on that assumption. Second part, who is competent to vote in the floor test?

#MaharashtraPolitcalCrisis

Kaul for #eknathsindhe : The other side is trying to co-relate two events that cannot be related. THEY ARE A HOPELESS MINORITY WITHIN THE PARTY ITSELF, THEY WANT TO CLING TO THE POWER LIKE THIS.

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde : The natural dance of democracy takes place in the floor of the house! They are saying that should not happen.

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde refers to judgments in support of his contention.

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde : The mere pendency of disqualification of MLAs cannot come in the way. This is a completely independent exercise. In a matter is of this, when there is a confusion, the only avenue is #FloorTest

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde : You maybe the speaker, but you are not above the constitution. Whether they are not ultimately disqualified or not is a different issue. The more you delay the floor test, the more damage and violence you do to the constitution. #MaharashtraPolitcalCrisis

Kaul for #EknathSinde : Is the action of the governor is the present matter so irrational that the #SupremeCourt has to interfere?

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde : The governor has taken everything into account because of the governor has taken everything into consideration. He has sent a detailed letter. They cannot just frown upon media reports, media is also an integral part.

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde refers the judgment of #SupremeCourt in SR Bommai’s case to substantiate his contention.

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde : What they are trying to do is the antithesis of democracy, not in furtherance of democracy. The court can only ascertain whether the decision making process is right or not.

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde : Just because the governor recovered from #COVID two days ago, should he not continue to perform his constitutional duties? This is the sort of argument that is being made.

#MaharashtraPolitcalCrisis

Kaul now reading from the judgment of #SupremeCourt in Nebam Rabia.

#MaharashtraPolitcalCrisis

Kaul for #EknathSinde : The speaker could not have decided on the MLA disqualification. He could not have decided when his own disqualification is pending.

#MaharashtraPolitcalCrisis

Kaul: Any vote will have some bearing on the continuance or discontinuance of the government. This is how democracy should work.

#EknathSinde #MaharashtraPoliticalCrisis

Kaul now refers to the judgment of #SupremeCourt in #ShivSena Vs Union of India (in 2019)

#MaharashtraPoliticalCrisis

Kaul: The court has always frowned upon the tendency to delay a floor test.

#MaharashtraPoliticalCrisis

Kaul for #EknathSinde : The other side is saying, the speaker could have disqualified them. The speaker could not have proceeded with it!

#MaharashtraPoliticalCrisis

Kaul: How is the #SupremeCourt proceedings in the disqualification will be rendered infructuous? These are two different proceedings. Their submission is directly in the teeth of what the court has said. #MaharashtraPoliticalCrisis

Kaul:
1) Floor test can only be delayed only when there is an all pervading atmosphere of violence
2) Governor by whatever means shall determine and ascertain whether the floor test should be held
3) #floortest will uphold political identity and morality. It is a litmus test.

Kaul concludes.

Court: How many MLAs are in the dissident group?

Kaul: 39 out of 55. That is why there is this great nervousness to avoid a floor test.

Court: How many incurred disqualification?

Kaul: 16

#MaharashtraPoliticalCrisis

BREAKING:

Kaul for #EknathSinde : WE ARE NOT LEADING THE #Shivsena , WE ARE THE #Shivsena

#MaharashtraPoliticalCrisis

Court on a lighter note: I hope all of you feel mercy on us.

#MaharashtraPoliticalCrisis

Maninder Singh, Sr. Adv, appears for one of the respondents and makes submissions.

#MaharashtraPoliticalCrisis

Singh, Sr. Adv: the writ petition is filed for the benefit of 55 MLAs by somebody who enjoys the support of a few. What the court did the day before is for compliance with natural justice.
#MaharashtraPoliticalCrisis

Singh: if you want to continue in the government, you must continue to enjoy the confidence. Similarly if you want to continue as the speaker, you must continue to hold the office.

#MaharashtraPoliticalCrisis

Singh: Continuance of the confidence of the house is the precondition to continue each day in the house, and that is what the floor test will entail.

#MaharashtraPoliticalCrisis #EknathSinde

SG Tushar Mehta begins his arguments.

SG: The court has not prohibited the speakers from deciding on the MLAs disqualification, law has prohibited him.

#MaharashtraPoliticalCrisis

SG: The speaker cannot decide who will vote for his disqualification and who will not when the letter is sent. The speaker cannot decide his own electoral college.

#MaharashtraPoliticalCrisis

SG: I could not hear Dr. Singhvi’s argument even for a while as to how the order of the governor was bad. It is nobody’s case that decision of the governor is not amenable to judicial review.

SG: The parameters for challenging Governor's order are not met by the petitioners.

#MaharashtraPoliticalCrisis

SG: It would be dereliction of duty on governor’s if he had not considered. The governor has considered a statement by a Shiv Sena’s spokesperson about bodies arriving in Mumbai. The spokesperson on national television has said this is only warming up!

Court: We can ignore this

SG: He has made this statement despite being told that he is on national television milords!

#MaharashtraPoliticalCrisis

SG: The governor has taken into consideration various letters which are sent to him. The governor in totality is satisfied based on the circumstances which are not irrelevant. In absence of anything is being pointed against the order of the governor. The court may not interfere

SG concluded.

Singhvi: There is not a single case where this court has tied the hands of the speaker. Yet, it is pressed repeatedly by the counsels as if the judgments have relevance. #Maharashtra

Singhvi: Entire matter has been argued by Mr.Kaul as if their writ challenging disqualification stands allowed. Nabam Rebia specifically notes that it is not about floor test.

#Maharashtra

Singhvi: Another point that has been argued is that speaker is always suspect but governor is a holy cow. I request my friends to wake up and smell the coffee. These are changing times. This governor has not allowed nominations for 12 MLCs for one year.

#MaharashtraCrisis

Singhvi: Has the governor made any attempt in verifying the facts cited all by himself. Except for meeting #DevendraFadnavis . But the speaker is always suspect, he is always political.

#MaharashtraCrisis

Singhvi: Governor is not an angel, he is human. The governor has not called upon the CM for his point of view. A floor test done tomorrow irreversible.

#Maharashtra

Singhvi: This the case where the court has been drawn into the merits. Anybody who intends to defect will simply send a notice for disqualification! The court cannot allow a constitutional sin by doubting the speaker

Singhvi: 16 people have been moved in disqualification. 23 others have been filed. They are to be processed, while they were being processed the court passed this order.

#Maharashtra

Singhvi: Should the court allow an artificial majority? The court has to act in a way that the balance of equity is met with.

#Maharashtra

Singhvi concludes.

Singhvi: We are all wonder who Mr.Kaul is appearing.

Kaul: You have not made necessary and proper party in a writ petition, then they object.

#Maharashtra

Arguments concludes. Court asks for time to deliberate , informs that they will come back at 9 PM.

#Maharashtra

BREAKING: #SupremeCourt likely to pronounce order at 9PM in plea filed by #ShivSena Chief Whip challenging #floortest called by the Governor.

#Maharashtra

BREAKING: #SupremeCourt REFUSES TO STAY the floor test in #Maharashtra that is to happen tomorrow (June 30, 2022) . The court however makes it clear that the Floor test will be subject to the outcome of this plea.

#MaharashtraPoliticalCrisis

[Maharashtra Political Crisis] Supreme Court Refuses To Stay Maharashtra Floor Test
#Maharastrapolitics
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