The Devendra Fadnavis-led BJP government in Maharashtra doesn't have constitutional validity, says former supreme court justice P B Sawant.
Sawant, who had delivered a landmark judgement in the SR Bommai versus Union of India case in 1994 on proving majority on the floor of the House and imposing President's rule, said: "To prove the majority of a minority government, division of vote (ballot voting) is a must."
Sawant, who spoke to dna over phone from Pune, said: "Voice vote by Speaker does not hold any validity. Once the government proves its majority by division of votes, voice vote can be be had for running the House. But in the beginning, division of votes is compulsory to confirm that the government enjoys majority."
The state elections, he said, will have no value if everything is decided by the Speaker. "The BJP preaches morality and ethics. I did not expect a party like BJP to indulge in such a wrong and unconstitutional practice. The Fadnavis-led government should immediately call a special session again to prove its majority on the floor of the House by division of votes. Otherwise, if someone goes to court, the BJP government will be easily suspended, taking the support of the SR Bommai versus Union of India judgement," said Sawant.
The SR Bommai versus Union of India judgement discusses at length provisions of President's rule (Article 356) and testing the majority on the floor of the House and related issues. As per the judgement, to topple then Karnataka chief minister SR Bommai, 19 legislators submitted letters to the governor that they are opting out from the incumbent government.
The governor forwarded these letters to the President. Meanwhile, seven legislators claimed their signatures were forged and they had nothing do with the 19 legislators. In spite of that, President's rule was imposed, without giving Bommai a chance to prove his government's majority on the floor of the House in 1989.
The Supreme Court, however, gave relief to the Bommai government saying that the government should have been given a chance to prove its majority on the floor of the House. This judgement has been widely used while imposing President's rule and testing the majority on the floor of the House.
When asked whether the Fadnavis government's action on Wednesday amount to contempt of court, Sawant said: "The judgement was general and it was about the Karnakata government, so it will not amount to contempt of the court."
Meanwhile, Shiv Sena legislators and Opposition leader Eknath Shinde met governor CV Rao, demanding division of vote (repolling). Congress state president Manikrao Thakare said that they are seeking legal opinion and will very soon decide the next course of action against the BJP-led government.
Revenue minister Eknath Khadse said that it was the speaker's right to decide which method should be followed to prove majority.
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