Madhya Pradesh Congress Moves SC Seeking Access To MLAs Allegedly Held Captive By BJP

After the BJP approached the Supreme Court seeking directions for a floor test in the Madhya Pradesh assembly, now the Madhya Pradesh Congress Legislature Party (MPCLP) has also moved the Apex Court. In its plea through the chief whip, the MPCLP has accused the Central Government and the state Government of Karnataka of abusing their power and overstepping Constitutional limits to bring down a democratically elected government in Madhya Pradesh. Seeking urgent intervention of the Court, the petitioner alleges that the Centre and Karnataka government have used their might by isolating 16 of their MLAs in Bengaluru to aid the BJP in MP. This is a subversion of democracy, it is submitted.

Further it has been alleged that the MLAs, who are members of the MPCLP, have not only been disallowed from contact their party members but have also not spoken to their families. Raising concerns regarding constitutional propriety and morality, the petitioner questions whether a Central or State government can use its machinery to further the interests of a particular political party.

The petitioner goes on to submit that none of the legislators have resigned from the primary membership of the Congress party, despite purported claims of them having resigned from their posts. It is asserted that despite various attempts the MPCLP has not been able to have any communication with the MLAs, who have also not been allowed to participate in the ongoing budget session. Such action is not only subversion of democratic values, but "a flagrant violation of Articles 14, 19 and 21 of the Indian Constitution", it is urged. In this light, the prayer is to grant the petitioner access to communicate with the legislators, direct them to participate in the budget session and declare the action of the Centre and Karnataka government illegal and violative of Articles 14, 19 and 21.

Touching on the issue of a floor test, the petitioner contends that conducting the same without 22 MLAs, which is nearly 10% of the strength of the assembly, would be "a sham". Even if the said MLAs have tendered their resignation, by elections must be conducted and then a floor test could take place, so that the electorate of those constituencies could be represented. Not doing so would be "antithetical to the principle of representative democracy", urges MPCLP. It has been alleged that BJP's insistence on an immediate floor test, without such constituencies being represented, is an "attempt to pervert a Constitutional process and to frustrate the very purpose of holding a floor test."

The petitioner goes on the challenge the messages sent by the Governor of MP on March 14, 15 and 16, in exercise of his powers under Article 174, read with Article 175. The messages of the Governor, which direct the holding of a floor test in the absence of the supposedly rebel MLAs, are sought to be declared illegal and unconstitutional.

The petition seeks directions to allow access to 15 MLAs who are allegedly held captive by the BJP in Bengaluru.

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