Supreme Court to hear Shiv Sena’s plea against Maharashtra Governor asking CM to prove majority today

The Supreme Court will hear on Wednesday, the petition filed by Shiv Sena Chief Whip Sunil Prabhu, challenging the direction given by Maharashtra Governor Bhagat Singh Koshiyari to Chief Minister Uddhav Thackeray, asking him to prove his majority on the Floor of the House.

The Vacation Bench comprising Justice Surya Kant and Justice J.B. Pardiwala agreed to take up the petition at 5 pm, after Senior Advocate Abhishek Manu Singhvi requested the Apex Court for urgent hearing in the matter.

Singhvi said, “Floor test is illegal as it cannot include persons facing disqualification. I am only requesting for listing this evening. Otherwise, the matter will become infructuous. The notice for Floor Test came this morning. Please accommodate us later in the day. We will make sure all filing is done by 4 o’clock.

Justice Kant asked, “When is the Floor Test?”

Singhvi replied that it has been scheduled for tomorrow.

Senior Advocate Neeraj Kishan Kaul, representing rebel MLA Eknath Shinde, said, “Calling for the Floor Test is the prerogative of the Governor. In any case, pendency of a disqualification application has nothing to do with the Floor Test. the Supreme Court has held so. It is unfair to seek a hearing this evening.

Justice Kant said, “Ultimately we may agree or we may not agree, but having regard to the urgency, we think the matter is to be heard today.

The Apex Court then directed the applicant to complete the filing and keep the paper book ready by 3 pm.

Earlier on Monday, the Supreme Court had declined to pass an interim order on the petition, seeking directions against Floor Test in the Maharashtra Legislative Assembly till July 11, stating that 16 rebel MLAs of Shiv Sena were under disqualification proceedings.

The Vacation Bench had said the court cannot pass an order, which would create unnecessary complications.

Senior Advocate Devdutt Kamat, appearing for the Maharashtra government, was told by the Court that if anything illegal happened, then he can always come back to the top court of the country.

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