Breaking: Maharashtra Floor Test- Supreme Court To Pronounce Order At 9 PM Today-LIVE UPDATES
Singhvi now refers to MP assembly case (2020) : It was a case where artificial majority was created by engineering resignations. After resigning, govt falls, and you become a minister in a new govt as a reward for resignation and in 6 months you get re-elected
Singhvi : In Rawat, Uttarakhand case, see para 17, there was a submission that disqualified persons should be allowed to vote. It was a case of floor test where disqualification was decided
Singhvi : All the other cases are of simple floor test. There is no intersection with disqualification. Those were simple cases with no imminent disqualification. Now, in Rawat case (Uttarakhand), note para 17..
Singhvi : The personal immunity from answerability under Art 361 does not bar the examination of mala fides.
Singhvi : What is the scope of immunity of Art 361? They are bound to cite it. 361 only means Court will not make Governor a party and issue notice to him. That is why we take care to make Secretary a party.
Singhvi : Your lordships are not barred (from reviewing governor's decision).
Judicial review of Governor’s satisfaction -Singhvi refers to Rameshwar Prasad v Union of India .
Singhvi cites decisions on judicial review over Governor's decision.
Singhvi refer to Kihoto decision."The object of 10th schedule is to curb the evil of political defections motivated by lure of office or other similar considerations which endanger the foundations of our democracy".
Singhvi : Is it not making a mockery of all this law, Constitution Bench decision and 10th schedule?
J Kant : Is it on facts that they have sent a letter asking for a govt to be formed by the opposition?