The floor of the House is the only way to settle these issues of democracy, observed the Supreme Court on Wednesday while hearing Shiv Sena chief whip Sunil Prabhu’s plea against Maharashtra Governor’s direction to the Uddhav Thackeray-led Maha Vikas Aghadi (MVA) government to take a floor test in the Assembly on Thursday.
A vacation bench of Justices Surya Kant and J B Pardiwala also asked senior advocate A M Singhvi, appearing for Prabhu, how can floor test impacts the disqualification process or interfere with the powers of the speaker to conduct disqualification proceeding.
“Our understanding is that floor of the house is the only way to settle these issues of democracy,” the bench observed.
Singhvi told the apex court that people who have changed sides do not reflect the will of the people and heavens won't fall if the floor test is not held tomorrow.
He argued that the court must not allow a floor test to be held till the deputy speaker decides on the disqualification petition against some rebel MLAs.
Singhvi told the bench that the order to conduct a floor test at a “supersonic speed” amounts to putting the cart before the horse.
He said two MLAs of the NCP are down with Covid-19 while two others of the Congress are abroad and they are asked to participate in the floor test on Thursday.
Singhvi argued that allowing floor tests would mean making Tenth Schedule a “dead letter”.
The bench observed that the Tenth schedule is one of the robust provisions and the court should strengthen it.
The hearing in the matter is underway.