The gist of the Supreme Court on the Maharashtra floor test

November 26, 2019 12:24

"We may note that in the present case, oath has not been administered to the elected members even though a month has elapsed since the declaration of election results.

In such emergent facts and circumstances, to curtail unlawful practices such as horse trading, to avoid uncertainty and to effectuate smooth running of democracy by ensuring a stable Government, we are of the considered opinion that it is necessary to pass certain interim directions in this case. In this context, it is necessary and expedient to conduct the floor test as soon as possible to determine whether the Chief Minister, who was administered the oath of office, has the support of the majority or not.

Since the elected members of the Legislative Assembly are yet to take oath as specified in the III Schedule of the Constitution, and the Speaker is also yet to be elected, we request the Governor of the State of Maharashtra to ensure that a floor test be held on 27.11.2019.

The following procedure is to be followed for conducting the floor test:

a. Protem Speaker shall be solely appointed for the aforesaid agenda immediately.

b. All the elected members shall take oath on 27.11.2019, which exercise should be completed before 5:00 p.m.

c. Immediately thereafter, the Protem Speaker shall conduct the floor test in order to ascertain whether the Respondent No. 3 (Devendra Fadnavis) has the majority, and these proceedings shall be conducted in accordance with law. The floor test will not be conducted by secret ballot.

d. The proceedings have to be live telecast, and appropriate arrangements are to be made to ensure the same.

Eight weeks time is granted to the learned counsel for the respondents to file their respective counter affidavits. Rejoinder affidavit, if any, is to be filed within four weeks thereafter. The matter to be listed after twelve weeks."

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