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Bombay High Court tells Congress to cite Supreme Court judgments to hear its petition challenging voice vote

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The Bombay High Court on Monday asked Congress leader Naseem Khan to submit apex court judgments to show whether it can entertain his petition challenging the decision of assembly speaker, who allowed BJP government to prove its majority by a voice vote.

Advocate BA Desai, Khan's counsel, argued that the action of Speaker Haribhau Bagade, in declaring that BJP government had a majority by a volume of voices, is fundamentally subversive of the law declared by the Supreme Court.

The apex court had said in one of its judgments that floor test is compulsory to assess the strength of a ministry, he submitted on behalf of Khan, a sitting MLA and former Congress Minister.

A division bench of justice VM Kanade then asked Desai to cite SC judgments which show that the HC has the power to hear matters challenging orders passed by the speaker in the state assembly.

Khan's petition argued that the speaker's action is not only an irregularity of procedure but also a fundamental violation of the Constitution and basic principle of parliamentary government.

The petition said a voice vote does not determine majority in the House, as required under article 164(2) of the Constitution, because it does not record how many votes were cast in favour of the motion, how many against and how many abstained. The petition prays to quash and strike down the voice vote. The arguments will continue on Tuesday.

 

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