New Delhi: The hearing of the Madhya Pradesh case has started in the Supreme Court. This hearing is being held on the petition of former Chief Minister Shivraj Singh Chauhan and nine MLAs. During the hearing, advocate Dushyant Dave, appearing for the Kamal Nath government, has said that 16 MLAs have been kept in illegal custody.
After this, Maninder Singh, the lawyer of the rebel MLAs, termed it wrong and said that no MLA is in custody. Lawyer Dushyant Dave said that elected legislators have to serve the area. He cannot suddenly say that we are resigning. Dave demanded that the MLAs be released and sent to Madhya Pradesh.
Advocate Dushyant Dave further submitted to Supreme Court bench, headed by Justice Dr DY Chandrachud that a very stable govt was functioning for 18 months. He also told the Court that the BJP has used force and might invariably destroy democratic principles. https://t.co/zP35CAMM2kAdvertisement
— ANI (@ANI) March 18, 2020
The matter should be referred to the Constitution Bench- Congress
Dave further said, “Prime Minister Narendra Modi talks about Congress Mukt Bharat. Will such a method be adopted for him? ”After this, Justice Chandrachud said that we also do not want to disturb the work of the state cabinet. Meaning the state should run smoothly, this is what it wants.
Dave said that this is not a case of a simple floor test. Democracy is being harmed by using money and power. The whole world is struggling with a crisis (corona). Democracy is being carried out here. The Congress demanded from the Supreme Court that the matter be referred to the Constitution Bench and no interim order should be given on it.
The election should be held on the seat of 22 MLAs and then get the floor test done – Kamal Nath Government
Dave also questioned Governor Lalji Tandon. He said that CM Kamal Nath informed the Governor about the abduction of MLAs, but he did not pay attention. Dave said that the letter submitted by BJP in the name of MLAs should be investigated. Our leaders going to Bangalore are not allowed to meet the MLAs.
Let the political fight be fought outside. The court should not consider BJP’s petition. If 22 MLAs have resigned, then elections should be held on their seats first and then floor tests should be conducted.
Let us know that this hearing was held in the Supreme Court on the petition of former Chief Minister Shivraj Singh Chauhan and nine MLAs. The 9 BJP MLAs include Gopal Bhargava, Narottam Mishra, Bhupendra Singh, Rameshwar Sharma, Vishnu Khatri, Vishwas Sarang, Sanjay Satyendra Pathak, Krishna Gaur, and Suresh Rai. The petition demanded a floor test of the ruling Congress government in the state immediately.
What has stated in the petition filed?
The petition alleged that the Congress’s Kamal Nath government, which had lost a majority in the MP Assembly, is trying to defer the floor test. In the petition, the entire situation has been told since the assembly elections held in 2018. It has been said that the government which has lost the majority in the state is making excuses. At his behest, the assembly speaker has postponed the session until 26 March.
Many old decisions of the Supreme Court have also been cited in the petition. It has been said that in the judgment of the SR Bommai case in 1994, the Supreme Court has made it clear that the government’s power test must be on the floor of the assembly.
Later the same system was repeated in the decision of cases like Nabam Rebia, Rameshwar Prasad, Jagdambika Pal. In the last 2 years, the Supreme Court had ordered the government in Karnataka and Maharashtra to prove majority in the Assembly within 24 hours. The same should happen in this case.
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