The SC directs floor test in Maharashtra to avoid horse trading: under Art. 32.
- 06:15Supreme Court of India
Justice N V Ramana, Justice Ashok Bhushan and Justice Sanjiv Khanna
The SC { SHIV SENA AND ORS. v. UNION OF INDIA AND ORS.} holds 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, it is necessary to pass certain interim directions in this case.
It was held by the SC, 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. Accordingly, the floor test was directed to be conducted on 27/11/2019.
It was further held in a situation wherein, 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 petition was filed in present case under Art 32 in the SC, and the said direction passed was interim in nature.