Madhya Pradesh Floor Test LIVE Updates: 206-member Assembly to begin trust vote at 2 pm; Kamal Nath's presser shortly - LiveNow24x7: Latest News, breaking news, 24/7 news,live news

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Friday, 20 March 2020

Madhya Pradesh Floor Test LIVE Updates: 206-member Assembly to begin trust vote at 2 pm; Kamal Nath's presser shortly

12:24 (IST)

BJP has planned to kill democracy: Kamal Nath

Kamal Nath alleged the BJP had continuously plotted against the Congress government. "Every 15 days, a BJP leader would make a remark, saying this government is here only for a few months and won't last long. They also held hostage our 22 MLAs in Karnataka. They have spent crores of rupees by luring our 22 MLAs to the BJP camp. The BJP has planned this to kill democracy. The people of Madhya Pradesh will never forgive them," he said.

12:23 (IST)

People of MP gave me five years to create a new state: Kamal Nath

Accusing the BJP of not being able to handle the work done by the Congress administration in Madhya Pradesh, Kamal Nath said, "I had been given five years to develop the state, five years to make Madhya Pradesh to be counted among one of the big states."

12:17 (IST)

Kamal Nath begins his address to media

12:07 (IST)

BJP MLA Sharad Kol resigns ahead of trust vote

Meanwhile, Bharatiya Janata Party MLA Sharad Kumar resigned on Friday hours ahead of the impending floor-test in Madhya Pradesh. The Speaker of the Assembly, NP Prajapati, accepted the BJP MLAs resignation this morning.

12:05 (IST)

In Pictures: Congress MLAs arrive at residence of Kamal Nath

11:58 (IST)

Kamal Nath may quit before trust vote 

Madhya Pradesh Chief Minister Kamal Nath may resign on Friday ahead of a Supreme Court-ordered trust vote that his Congress government is certain to lose. 

With the Speaker of the Madhya Pradesh Vidhan Sabha Narmada Prasad Prajapati accepting the resignations of the 16 legislators holed up in Bengaluru, it has become clear the Kamal Nath government will quit on Friday.

11:51 (IST)

A look at numbers in 206-member Assembly

The Legislative Assembly has 230 MLAs, of which 24 seats are vacant. A majority in the House of 206 MLAs will require the support of 104 MLAs. The BJP has 107 MLAs, and the Congress 92. The Congress has the support of the Samajwadi Party, the Bahujan Samaj Party and Independent MLAs, which totals up to 99.

With the resignation of 16 more MLAs, the strength of Congress has come down to 92 from 108. Earlier, six ministers had resigned which brought down the ruling party's strength from 114 to 108. On the other hand, the BJP has 107 members in the House.

However, the BJP had paraded 106 legislators before the governor on Monday after one of its MLAs, Narayan Tripathi, was absent and seen with the Congress legislators after the assembly proceedings.

The BSP has two members in the House while the SP has one besides four independents. All these MLAs - BSP, SP and independents - had extended their support to the Congress during the formation of the government in 2018. 

11:43 (IST)

Kamal Nath to meet his MLAs shortly

The Chief Minister of Madhya Pradesh, Kamal Nath, will meet his Congress MLAs at his CM's residence shortly, hours ahead the state assembly witnesses a floor test on Friday.

11:42 (IST)

Congress-ruled Madhya Pradesh govt on brink of collapse

The Congress government in Madhya Pradesh has been on the brink of collapse since last week after 22 MLAs - loyal to Jyotiraditya Scindia, who quit the Congress and joined the BJP last week, sent in their resignation. 

Ordering the session to be reconvened on March 20, the court said, "There will be only one agenda - whether the government enjoys strength. The state of uncertainty in Madhya Pradesh should be effectively resolved by a floor test".

11:40 (IST)

Floor test in Madhya Pradesh to be concluded by 5 pm 

The floor test of the Kamal Nath government in Madhya Pradesh will be held at 2 pm on Friday, the assembly secretariat has announced after the Supreme Court set a 5 pm deadline in response to a BJP petition that wanted an immediate resolution of the issue.

Madhya Pradesh Floor Test LATEST Updates: The Supreme Court has directed the Madhya Pradesh Assembly Speaker NP Prajapati to convene a special session on Friday for conducting the floor test which must conclude by 5 pm.

A bench headed by Justice DY Chandrachud also ordered video recording and possible live streaming of the Assembly proceedings when the Kamal Nath-led Congress government would undertake the floor test. The bench, also comprising Justice Hemant Gupta, directed the police chiefs of Madhya Pradesh and Karnataka to provide security to the 16 rebel Congress MLAs if they choose to appear in Assembly for the trust vote.

The bench also ordered that the Assembly will have a single point agenda of the floor test and no hindrance is to be created for anyone. It asked the state Assembly Secretary to ensure that there is no breach of law and order.

The Supreme Court's intervention came after Justices Chandrachud and Gupta, suggested that the Speaker interact with the rebel Congress MLAs through a video link or the court can appoint an observer to allay the fear that the legislators are in captivity. The Speaker, however, refused to accept the apex court's proposal.

The bench had earlier offered to "create conditions" to ensure that "exercise of volition" of the rebel MLAs is "truly voluntary". "We can appoint an observer to Bengaluru or some other place so that the rebel MLAs can connect with the Speaker through video conferencing after which he can decide," the bench said.

File image of the Supreme Court of India. AP

Hearing the case for the second day, the bench asked what can be done -- should the Speaker not take a call on the resignations. Senior lawyer and Congress leader Abhishek Manu Singhvi, appearing for the Speaker suggested that a reasonable time be given to the Speaker to decide on the same.

"You can't say I will buck my duty to decide and will also put the blame on others. We can create conditions to ensure exercise of their volition is truly voluntary," Justice Chandrachud said and added, "And this is now a national problem. It is happening everywhere. We may not give a direction to the Speaker since we need to work within the domain of the Constitution but we also have to test your bona-fide."

At this point, Justice Gupta said, "If you say an MLA must be in his constituency, then Digvijaya Singh isn't also doing that thing. He should also be in his constituency and not in Bengaluru." "Digvijaya Singh isn't relevant in my example," Singhvi informed the bench.

Reports said that Singhvi further submitted that the Speaker's decision cannot be taken in case the rebel MLAs are produced through video conferencing. At this point, Justice Chandrachud suggested that the court appoint an observer to ensure that the rebel MLAs are acting of their own will and volition. He said that appointing an independent observer to ensure free will of the rebel MLAs is a method to alleviate the apprehension of captivity and coercion. Senior lawyer Maninder Singh, who appeared for the MLAs, said that suggestion was agreeable.

Singhvi urged the court to give the Speaker two weeks' time to decide on the resignation and also requested to allow the rebel MLAs return to Madhya Pradesh "given that they are not in their usual place of residence at the moment", Bar and Bench reported.

Justice Chandrachud further asked all lawyers how the decision of the Speaker, to accept or not accept the resignations, will affect the Floor Test. The top court was told that in case the resignations are not accepted, the rebel MLAs will be bound by the whip issued. Regardless of the whip, the rebel MLAs will not go to the Assembly, Singh informed the court.

Singhvi resumed his submissions and told the court that in case of disqualification, persons have to face another election while resignations do not have this consequence. He reiterated that in a running House, there can be no floor test, only a vote of confidence or no confidence. Singhvi also cited the Karnataka Assembly case, where the floor test was directed to be held within a prescribed period of time.

The counsel appearing for Governor Lalji Tandon told the bench that Madhya Pradesh chief minister Kamal Nath was "sitting aside" in the turn of events and it is the Speaker who is "leading the political battle" in court.

The bench said the constitutional principle that emerges is that there is no restraint on trust vote because of resignation or disqualification being pending before the Speaker. It said, therefore, the court will have to flip around and see whether the Governor acted beyond the powers vested in him.

During the hearing, the bench said that if the government loses the majority when the Assembly was not in session, then the Governor has the power to direct the Speaker to summon the Assembly.

"What happens when the Assembly prorogues and the government loses its majority, then the Governor can call the Assembly," the bench said.

Singhvi said the Governor has very limited power with regard to the functioning of the Assembly and he can only summon, prorogue and dissolve the House, but he cannot intervene into the functioning of the Assembly which falls under the purview of the Speaker.

The Governor cannot ask the Speaker that 'you should do this, you should not do this', it is beyond his power, he said.

The advancing of arguments in the case will commence after the lunch break when senior advocate Kapil Sibal, appearing for Nath would start his submissions.

With inputs from agencies

March 20, 2020 at 12:02PM

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