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

Kaul : My learned friend wants both to be co-related. There cannot be co-relation. Shiv Raj Singh decision was sought to be distinguished, but it was a case of resignation.

Justice Kant : Hypothetical question we asked Singhvi, slightly different one we ask you. Who are competent to participate in the floor test?

Kaul : Argument is that tomorrow if they get disqualified, the pool will get smaller. SC says, disqualification has no bearing.

Kaul : This is an area carved out for the discretion of the Governor. Unless the decision of the Governor is held to be grossly irrational or malafide, there can be no interference. Independent MLAs have written to him.

Kaul : Supreme Court says disqualification proceedings have no bearing. Floor test is the healthiest thing that can happen in a democracy. SC says the moment a Chief Minister shows reluctance, it prima facie gives the view that he has lost the confidence of the house.

Kaul : It is not as if your lordships are interfering with the proceedings. My principal argument was that Speaker has no authority. That is settled by Constitution Bench judgment.

J Kant : This argument suggests that first of all we should determine the competence of Speaker

Kaul : I will respond to your lordship's pertinent observation. When we came to court, an overwhelming majority was with us. We also write to Speaker that you don't enjoy the majority of the house. On 24th Speaker gives us disqualification notice. In this background we came here

Justice Kant : The slightly different argument by the other side is that the proceedings are not voluntarily kept pending by the Speaker but are stopped because of orders of the Supreme Court.

Kaul : It is well settled that a floor test should not be delayed. Merely because of pendency of proceedings relating to whether MLA has resigned or 10th schedule is no ground to interdict floor test. Supreme Court has held both are distinct issues.

Kaul : It is not a question of Court interdicting, it is question that you cannot deal with the matter as your competence is questioned.

Judges are discussing among themselves.

Kaul : First and foremost it is to be decided if the Speaker has to be removed or not.