AGENCIES, New Delhi: The Supreme Court has asked embattled Madhya Pradesh chief minister Kamal Nath to hold the trust vote of the Assembly by 5 pm on Friday and prove his government’s majority.
Earlier, Madhya Pradesh Speaker N.P. Prajapati on Thursday refused to accept the Supreme Court’s proposal to interact with the rebel Congress MLAs through video link, reported Hindustan Times.
Hearing the petition filed by both the Congress and BJP, the Supreme Court Bench said, “We can appoint an observer to Bengaluru or some other place so that the rebel MLAs can connect with the Speaker through video conferencing after which he can decide.”
The judges also asked the Speaker whether any inquiry was made on the resignation of the rebel MLAs and what decision has he taken on them.
Appearing for the Speaker, senior advocate A.M. Singhvi said that Speaker has the power to decide whether the government has lost its majority. “Governor cannot decide whether government has lost majority or not, it’s the House that decides. Governor has only three powers: to summon, prorogue and dissolve the House,” Singhvi told the Bench of Justices D.Y. Chandrachud and Hemant Gupta on behalf of Prajapati.
“Please give me two weeks’ time to decide. Let the rebel MLAs come back to MP, their homes,” the Speaker said.
But the Bench said that if the government loses the majority when the Assembly was not in session, then the Governor has the power to direct the Speaker to summon the Assembly. “What happens when the Assembly prorogues and the government loses its majority, then the Governor can call the Assembly,” the Bench said.
While the BJP claims the Kamal Nath government has lost the majority after resignation of 22 MLAs, and is seeking court direction to hold a trust vote, the Congress has said the decision will be taken by the Speaker.