The ruling Eknath Shinde camp in Maharashtra told the Supreme Court, the rival side led by Uddhav Thackeray wanted the Speaker of the state assembly to usurp the powers of the Election Commission when the ultimate test of majority in a democracy- the floor test- was ordered by the governor during the 2022 political crisis.
Senior advocate Neeraj Kishan Kaul, appearing for the Shinde bloc of the erstwhile undivided Shiv Sena, told a five-judge bench headed by Chief Justice DY Chandrachud that a nine-judge constitution bench of the apex court had in its 1994 verdict said a floor test is the litmus test of democracy and a chief minister cannot shy away from it.
Kaul told the bench, also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha that if the chief minister shirks the responsibility of facing the floor test, it means he does not enjoy the majority of the House.
Justice Narasimha told Kaul, Our difficulty is that you are formulating a principle of prima facie view. Difference between a split and rival faction is very thin. It is very easy for a Speaker to say prima facie it is a case of split or not.
But we are on the question as to what should be the contours for the Speaker to take a prima facie view. It is a slippery ground because Speaker is asked to take a prima facie view based on the material placed before him like signatures of MLAs and others. How much material should be there to enable a Speaker to take a prima facie view? Justice Narasimha said.
They want Speaker to embark on jurisdiction which is of Election Commission and they want Governor to exercise jurisdiction which the Election Commission has. Governor cannot indulge in head count sitting in Raj Bhawan but can ask for proving majority on the floor of the House, Kaul argued.
The Governor has to take a prima facie view based on cogent material before him like withdrawal of support to the ruling party, and ask for a floor test as early as possible because it is the only litmus test in democracy, he said.
Senior advocate Mahesh Jethmalani, also appearing for the Shinde faction, said there was simmering discontent and division among not only the party cadres but also its legislators which was evident from the statements made by different MLAs from time to time since the inception of the post-poll alliance called Maha Vikas Aghadi (MVA).