Twitter
Advertisement

Trust vote: Another PIL seeks action against Speaker, CM, BJP MLAs

Latest News
article-main
FacebookTwitterWhatsappLinkedin

Another public interest litigation (PIL) has been filed in the Bombay high court against the November 12 voice vote, after which the BJP was declared the party with majority seats and fit to form government.

The PIL has alleged that trust vote was done fraudulently and seeks criminal action against the Speaker of the House, chief minister Devendra Fadnavis and 121 BJP MLAs. Former journalist Ketan Tirodkar filed the PIL, seeking that the CBI be directed to lodge an FIR against them under sections 420, 467, 34 & 120-B of the Indian Penal Code for cheating.

On November 12, the BJP supposedly proved its majority by voice vote, which was approved by the Speaker, and was declared the party with the most seats to form government. The Maharashtra Assembly elected a new Speaker, Haribhau Bagade, unanimously. The PIL alleges that Bagade, who is a member of the BJP, played a fraud upon the Constitution immediately after his election in nexus with colleagues.

In reality, BJP has a strength of 123 members, which is 21 short of 51 per cent, i.e. 145 out of the 288 members, which is the clear-cut majority figure. The Indian Constitution and the Business Rules of Legislature demand complete compliance of this concept of absolute majority to form a new government. Such absolute majority has to be proved by a clear-cut division of votes from among the members. The procedure has to be recorded with clarity by officers of the house under the Speaker's supervision.

The PIL alleges that the Maharashtra Assembly records were manipulated to show that more than 144 members of the Assembly supported the Fadanvis-led government. "It is case of cheating the society and attracts section 420 of IPC," it says, asking the HC to set aside the confidence motion by declaring it null and void.

A similar PIL was filed last week by Rajkumar Awasthi through advocate Sugandh Deshmukh, seeking the quashing of the trust vote. A division bench of Justices Mohit Shah and BP Colabawalla has kept both PILs for hearing on November 20.

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement