The Supreme Court of India has passed an order today requesting the Governor of Maharashtra to ensure that a floor test is held on Wednesday 27 November 2019, to determine whether the Chief Minister, who was administered the oath of office, has the support of the majority or not.
Crux of the Matter
The Apex Court has said that it is necessary and expedient to conduct the floor test as soon as possible.
The Court has allowed time till Wednesday since the elected members of the Legislative Assembly are yet to take oath as specified in the III Schedule of the Constitution, and the Speaker is also yet to be elected.
The following procedure is to be followed for conducting the floor test:
Protem speaker will be appointed immediately
All the elected members shall take oath on 27 November 2019 and the exercise should be completed before 5:00 p.m.
Immediately thereafter, the Protem Speaker shall conduct the floor test in order to ascertain whether Chief Minister Devendra Fadnavis has the majority, and the House proceedings shall be conducted in accordance with law. The floor test will not be conducted by secret ballot.
The proceedings will have to be live telecast, and appropriate arrangements shall be made to ensure it.
Curiopedia
BJP – Shiv Sena Tussle for Maharashtra – Bharatiya Janata Party and the Shiv Sena, who contested the Fourteenth Maharashtra Legislative Assembly elections jointly. On 24 October 2019, the results for the aforesaid elections were declared and no single party had the requisite majority in the House. On 9 November 2019, the Governor called upon the BJP to indicate its willingness to form the Government, being the single largest party with 105 seats. However, the BJP declined to form the Government on 10 November 2019, as the alliance with the Shiv Sena allegedly broke down. Subsequently, the Governor invited the Shiv Sena to form the Government. In this regard, the Shiv Sena is said to have shown its willingness to stake a claim to form the Government, claiming to have support of the majority. However, the aforesaid endeavor was not fruitful either. Thereafter, the Governor’s effort to seek the Nationalist Congress Party’s willingness to stake a claim to form the Government was also not successful.Ultimately, the Governor recommended President’s Rule on 12 November 2019, which was imposed by a Presidential Proclamation on the same day. At 5:47 a.m., on 23 November 2019, President’s Rule was revoked in exercise of powers conferred by clause (2) of Article 356 of the Constitution. Thereafter, the Governor, by letter of 23 November 2019 invited Devendra Fadnavis to form the Government. The oath of office and secrecy was administered to Fadnavis at around 8.00 a.m. on 23 November 2019 at Raj Bhavan in Mumbai.
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