Breaking: Maharashtra Floor Test- Supreme Court To Pronounce Order At 9 PM Today-LIVE UPDATES

Singhvi : The people who have changed sides and defected cannot represent the will of the people. Can't the Governor trust the Court to not call a floor test tomorrow? Will heavens fall if there is no floor test tomorrow?

Singhvi : While it is waiting for adjudication before the Court, how can the Governor, who just recovered from COVID, after a meeting with the Leader of Opposition, asks for floor test the next day? Will it not blow 10th schedule to smithereens?

Singhvi : These people go to Surat and then to Guwahati after sending an unverified email that they have no trust in Speaker. That is misuse of Nabia judgment. To disable the Speaker from exercising 10th schedule power.

Singhvi : The hon'ble Governor could not or did not attempt any verification. He recovered from COVID just two days ago. We wish him good health. The resolution sent to the Speaker was rejected as the authenticity is not verified and it was sent from unverified email.

Justice Kant : Suppose, in a hypothetical situation, a Government knows it has lost majority, and it has used the Speaker to issue disqualification notices, what should the Governor do? Can he exercise his discretion?

Singhvi : There is no case so where a disqualification proceeding is interdicted by the Court and the floor test is announced immediately.

Singhvi : Every action of Governor is subject to judicial review. Bommai has held.

J Kant : Our limited understanding of Bommai is that these issues cannot be left to the subjective satisfaction of Governor and should be left to floor of the house.

Justice Kant : Are you disputing that 34 members of your party have not signed the letter?

Singhvi : There is no verification. Governor keeps letter for one week. He acts only when the Leader of Opposition meets him.

Justice Kant : Why should we suspect Governor's satisfaction?

Singhvi : My learned friends got a stay from your lordships and they think they can do anything with the 10th schedule.

"The act of giving a letter requesting the Governor to call upon the leader of the other side to form a Government, itself would amount to an act of voluntarily giving up the membership of the party " - Singhvi quotes from Rajendra Singh Rana decision