Congress seeks Aide of Constitutional Bench

BJP demands immediate floor test

All eyes are on the Supreme Court on Madhya Pradesh political crisis as both the BJP and Congress have approached the apex court. Ex-CM Shivraj Singh Chouhan along with 9 other MLAs of BJP has demanded an immediate floor test in Madhya Pradesh.

A bench of justices DY Chandrachud and Hemant Gupta to hear the matter in a short while from now. Yesterday the court had sent notices to CM Kamal Nath and Speaker Prajapati on the petition from Chouhan.

The Madhya Pradesh Congress has also approached the SC pleading for the release of its MLAs “held captive” by the BJP at a resort in Bengaluru. The votes of these rebels are vital for the Kamal Nath government to survive in the floor test.

Kamal Nath’s lawyer Dushyant Dave demanded before the court that any trust vote should be held only in the presence of the 16 MLAs. If 22 MLAs belonging to INC have resigned and if seat fell vacant, a trust vote cannot be held without representation of the electorate of the said 22 constituencies which can only be secured by holding of by elections.

Dave also argued over the actions of the governor and said how can the Governor override the authority of the Speaker and say how trust vote proceedings should happen, including video graphing by “independent authorities”? Reading out Governor’s reply to Kamal Nath. Says Governor is only aware of media reports that Kamal Nath govt is in minority and not the media coverage of how MLAs have been whisked away and confined in 7-star hotels.

The Congress party has sought reference to Madhya Pradesh’s political crisis matter to a Constitution bench and urged the apex court not to pass any order till the final hearing. Meanwhile, 22 rebel Madhya Pradesh Congress MLAs, who are currently lodged in a Bengaluru hotel, have written to Karnataka’s Director General of Police, requesting that “no Congress leader/member be allowed to meet them to ensure that there is no threat to their life and security.”

In the afternoon, a delegation of state Congress MLAs today met Madhya Pradesh Governor Lalji Tandon in Bhopal and demanded to ensure the immediate release of their captive MLAs in a Bengaluru hotel.

As the Supreme Court bench assembled for the post lunch session.

“They say 16 have been whisked away to Bengaluru. We can’t compel MLAs to attend the proceeding but what we can do is to ensure they can take their own decision. That’s the duty of a Constitutional court,”

Justice DY Chandrachud observed,

Senior advocate Mukul Rohatgi, appearing for BJP, cited letters that Governor Lalji Tandon received from the rebel Congress MLAs and made the point that how could the Governor be wrong in taking the prima facie view that a floor test was a must in the assembly.

Normally, a Governor’s satisfaction should be enough for this court,” said Solicitor General Tushar Mehta, appearing for Governor.

Senior advocate Maninder Singh appeared in the court for the 16 rebels Congress MLAs. He starts by saying, “There is no principle of law to compel them to meet anyone. We aren’t abducted. We are also producing this evidence in a CD to the court.”

Senior advocate Maninder Singh appeared in the court for the 16 rebels Congress MLAs. He starts by saying, “There is no principle of law to compel them to meet anyone. We aren’t abducted. We are also producing this evidence in a CD to the court.”

Digvijaya stages DharnaEarlier on Wednesday morning senior Congress leader Digvijaya Singh along with Congress MLA’s from MP held a sit-in outside the resort in Bengaluru where the rebel MLAs were put up. He said the BJP govt in Karnataka was holding them hostage and he wanted them “released”. Singh was taken into preventive custody.

We were expecting them to come back, but when we saw they’re being held back, messages came from their families…I personally spoke to 5 MLAs, they said they’re captive, phones snatched away, there is Police in front of every room. They’re being followed 24/7, said Singh.

After Digvijaya Singh was taken into preventive custody, Congress president in Karnataka DK Shivakumar hit out at the BJP government there. “BJP government in the state is misusing the power. We have our own political strategy; we know how to handle the situation. He is not alone here, I am here. I know how to support him. But I don’t want to create a law and order situation in Karnataka,” Shivakumar said.

Barbs fly thickFurther, the letter war has escalated and barbs are flying thick and fast but couched in a polite language. It started with Governor Lalji Tandon sending a letter on Saturday midnight to Chief Minister Kamal Nath asking him to hold a floor test on Monday.

Nath replied he has a majority and wanted the “release” of the rebel MLAs put up in a Bengaluru resort. Of the 22 who had put in their papers the Speaker accepted the resignations of six who were ministers. Meanwhile, Nath got time with Speaker NP Prajapati adjourning the House till March 26 over the coronavirus scare. And the BJP moved the Supreme Court.

The governor on Monday afternoon then sent him another letter asking him to seek a trust vote by end of next day failing which he would be deemed to have lost his majority. Nath forwarded the letter to the Speaker and replied both that the matter is in court and that he wanted the Congress MLAs “released” to make the floor test fair.

The Speaker too then replied to the governor saying he wanted to meet the 16 MLAs before he took a call on their resignations. The governor replied pointing fingers at how he accepted the resignations of the other six. He said,

“I praise your impartial, courageous decision to accept resignations of 6 ministers,”

Once again CM Kamal Nath on Wednesday wrote to Governor Lal Ji Tandon demanding him to take necessary action and get the “captive” MLA’s released from Bengaluru thus performing his constitutional duty and then order a floor test.

Source:-https://dailyvoice.in/news/congress-seeks-aide-of-constitutional-bench/