Maharashtra government defends voice vote, says it's the rule and ballot voting an exception

The state government on Tuesday defended the voice vote decision allowed by the assembly speaker, which helped BJP form the government in Maharashtra. It said voice vote was the rule and voting through division was an exception, and thus the petition was not maintainable.

The government made the argument while opposing the petition filed by Congress leader Naseem Khan. He has claimed in his petition 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.

Advocate general Sunil Manohar, however, argued, "No case is made out for judicial review of the decision of the speaker. The makers of the Constitution have given immunity to the proceedings in the House, as whatever happens in the House, the remedy is available in the House."

Manohar relied on SC and HC judgments and also on the Lok Sabha rules to contend that voting on a motion is through voice vote. "It is an august assembly where honourable people gather; only if voice vote is not gathered, the speaker goes for division," he said.

Manohar also suggested that if the speaker's decision was not agreed upon, then a no-confidence motion against the speaker and the government can be introduced.

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 Wednesday.