Supreme Court upholds MP Governor’s decision asking Nath government to hold floor test

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Supreme Court upholds MP Governor’s decision asking Nath government to hold floor test

The Supreme Court on Monday upheld Madhya Pradesh Governor Lalji Tandon’s decision asking the then Kamal Nath-led Congress government to prove majority, saying the governor has the power to call for a floor test.

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Press Trust of India

Press Trust of India New DelhiApril 13, 2020UPDATED: April 13, 2020 13:07 IST

The Supreme Court of India

The Supreme Court on Monday upheld Madhya Pradesh Governor Lalji Tandon’s decision asking the then Kamal Nath-led Congress government to prove majority, saying the governor has the power to call for a floor test.

The top court, which had on March 19 asked Madhya Pradesh Assembly Speaker NP Prajapati to reconvene a special session the next day with a sole agenda of conducting the floor test, gave a detailed order on Monday.

Following the apex court order, senior Congress leader Kamal Nath had resigned on March 20, after 15 months of taking over as Chief Minister of Madhya Pradesh, which paved the way for the formation of the BJP government in the state led by Shivraj Singh Chauhan.

On Monday, a bench of Justices D Y Chandrachud and Hemant Gupta, in its detailed verdict rejected the submission of the then Kamal Nath government that governor at best can call a session of assembly but cannot direct for holding floor test in the running house.

The top court relied on its landmark nine-judge SR Bomai verdict of 1994 and said that governor was right in calling for holding of trust vote.

It said that there is no impediment to a governor asking a chief minister to hold a floor test if he is of prima facie view that the government has lost majority.

On March 19, the top court had observed that the “state of uncertainty must be effectively resolved by issuing a direction for convening a floor test”.

It had directed that there shall be “single agenda” before the assembly whether the Congress government continues to enjoy the confidence of the House and the voting shall take place by “show of hand”.ADVERTISEMENT

The top court had issued as many as eight interim directions after the conclusion of two-day hearing on cross pleas of senior BJP leader Shivraj Singh Chouhan and of MP Congress party and said that detailed judgement will be given later.

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