Breaking: Maharashtra Floor Test- Supreme Court To Pronounce Order At 9 PM Today-LIVE UPDATES
"The pendency of the proceedings before the Speaker cannot be a valid basis to not have the confidence of the House in the government determined by the convening of a floor test." - Kaul quotes from Shivraj Singh Chauhan decision.
"The continuous existence of that confidence is crucial to the legitimacy and hence survival of the government. It is a matter which can brook no delay" - Kaul quotes from Shivraj Singh
"The holding of a trust vote operates in a distinct field from the issue as to whether one or more members of the Legislative Assembly have embarked upon a voluntary act of resignation or have incurred the wrath of 10th Schedule" - Kaul quotes from Shivraj Singh decision
"It is inevitable that the specific timing of a trust vote may tilt the balance towards the party possessing a majority at the time the trust vote is directed.This is how the system of parliamentary governance operates" -Kaul quotes from the Shivraj Singh Chauhan decision.
"It is with a view to obviate illegitimate and unseemly political bargaining in the quest for political power that this Court has consistently insisted upon the convening of a trust vote at the earliest date" - Kaul quotes from Shivraj Singh Chauhan.
Kaul says that in Shivraj Singh Chouhan, the Court rejected the argument that the observations in Nabam Rebia is obiter.
Kaul refers to Shivraj Singh Chouhan case where Supreme Court in 2020 ordered floor test in MP Assembly.
Kaul : I have seen everyone keen to take the floor test. I have seldom seen a party so afraid to conduct a floor test.
Kaul : Normally parties rush to Court to say hold the floor test because someone else is hijacking the party. Here, the opposite is sought, the party wants no floor test. Where does the natural dance of democracy take place? At the floor of the house.
Kaul : They are in a hopeless minority within the Party itself, forget the house.