[LIVE UPDATES FROM SC] Maharashtra Govt.Formation- Hearing On Petitions Filed By Shiva Sena,NCP And Congress
Kindly see a model on Pg. 19. Only agenda would be to conduct a floor test between the competing parties. This is composite. May the best man win.
At Pg. 15, Rawat’s case (Uttarakhand) - Mr. Rohatgi was the AG. Here, it was by consent. Look at the safeguards. 10 are given.
Pg. 18, Anil Kumar Jha case (Jharkhand matter).
Holding a floor test will remove all ambiguities that question credibility.
(Reading out from judgement) The test should be conducted “not by secret ballot”. Please note this.
Dr. Singhvi:
I’ve had the privilege in appearing in all the cases (Jharkhand, Karnataka etc) and I hope Mr. Rohatgi’s best argument is not about maintainability.
reading from From SR Bommai Case
That alone is the constitutionally ordained forum.
Cites SCC Book Pg. 127. Para 118 and 119. The whole idea is to prevent horse trading. He should have awaited the test on the floor of the house.
KS - I showed the Karnataka order. Then your lordships will find on Para 5,6,7 of the compilation I have given. All these orders are consistent with regards to the conduction of a floor test. They don’t want to do it because they want to use the intervening period for something else. If they say that they have majority, they must show it.
J. Ramana - He has to show it today ?
KS - At 7, we say that we are going to form a government.
Sr. Adv. AMS - There are certain things which are needed:
1. Satisfied
2. Satisfaction based on written document.
3. Written document with a signature.
4. Physical verification of the same.
Could the Governor have done this between 7pm and 5am ?
This document that I have right now is conclusive. What is the basis of this Dty. CM and CM being sworn ? The NCP had a meeting removing Ajit Pawar with 41 signatures. This is provocation. This is to shock you.
54 is total NCP. 41 have signed. This is yesterday 3.30. How can Ajit Pawar be the Deputy ? Is this not murder of democracy ?
Singhvi submits that the Governor has not followed these criteria
Obligations of the Governor is to form a prima facie satisfaction of majority on a written document; document to have signatures, physical verification, satisfaction based on these things. This is the criterion.