The Supreme Court on 17 March, issued notice to the Madhya Pradesh Assembly speaker on a writ petition filed by the Bhartiya Janatha Party leader, Shivraj Singh Chouhan and nine other BJP MLAs, seeking immediate floor test for proving the majority of Kamal Nath government, in the Madhya Pradesh assembly.
The bench comprising of Justices DY Chandrachud and Hemant Gupta while observing that the opposite party did not appear for the hearing in the matter, has issued notice to the parties in the plea and has further listed the matter for 18 March at 10.30 AM.
Notices have been issued to Speaker, Legislative Assembly, MP, Chief Minister Kamal Nath and Principal Secretary to the Government of Madhya Pradesh. Liberty has been granted to serve notice via electronic modes such as e-mail, WhatsApp, etc.
Senior Advocate Mukul Rohtagi, appearing for the petitioners argued that it was a travesty of justice that no one from the respondent side turned up today in a matter seeking an urgent direction.
Last week, 22 Congress MLAs resigned from the assembly in the wake of former Union minister and Congress leader Jyotiraditya Scindia joining the BJP. The speaker later accepted the resignation of six members, bringing the strength of the House to 222, with the majority mark at 112.
The petition contended that the Congress government had lost the majority after the resignation of 22 of its MLAs and did not have any moral or constitutional right to remain in power even for a single day. It is also stated that BJP submitted a letter to the Governor on March 14 seeking urgent floor on the ground that the government has been reduced to a minority. Though the Governor had agreed to order floor test on March 16, the business of the house was adjourned on Monday till March 26, without holding the same.