New Delhi: The Supreme Court on Tuesday morning ordered the BJP’s Devendra Fadnavis to prove his government’s majority in a televised floor test “within 24 hours”.
Stating that it is necessary to have a floor test to avoid horse trading, the apex court also asked Maharashtra governor Bhagat Singh Koshyari to appoint a pro-tem Speaker who should administer oath to the 288 newly elected members by then.
A bench comprising justices N.V. Ramana, Ashok Bhushan and Sanjiv Khanna said that voting in the Assembly shall not be on the basis of secret ballot, and ordered that the entire exercise be telecast live and completed by 5 pm Wednesday.
Ruling on a petition filed by the Congress-Shiv Sena-NCP alliance challenging the surprise government formation by the BJP in Maharashtra, the Supreme Court said, “If the floor test is delayed, there is a possibility of horse-trading... It becomes incumbent upon the court to act to protect democratic values. An immediate floor test, in such a case, might be the most effective mechanism to do so.”
The three-judge bench did not accept the contention of Fadnavis, the BJP and the governor’s office that Article 212 impeded the court from interfering with the procedure for the conduct of Assembly proceedings.
