In the present scenario to avoid horse trading it is necessary to have a floor test to determine the majority in the house, the Supreme Court said on Tuesday on Maharashtra case given by NCP-Shiv Sena and Congress.
'In the present case, oath has not been administered to the newly elected MLAs...In the present scenario to avoid horse trading it is necessary to have a floor test to determine the majority in the house,' the bench said.
The three-member apex court bench also said it was necessary to pass an interim order for a floor test to uphold democratic values and the citizens’ rights to good governance.
'We are of the considered opinion that the Governor should ensure a floor test,' said a bench comprising Mr. Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna.
The floor test for the Maharashtra Chief Minister, Mr. Devendra Fadnavis, to prove his majority in the assembly will be conducted on Wednesday, the Supreme Court has directed. The court on Tuesday also asked the Governor, Mr. Bhagat Singh Koshyari, to appoint a pro-tem speaker and ensure that all elected members of the House are sworn in on Wednesday itself.
The entire exercise will be telecast live and has to be completed by 5 pm. Voting in the assembly shall not be on the basis of secret ballot, the top court said.
The Governor-appointed pro-tem speaker will administer oath to the newly elected members. The court concluded the brief proceeding by saying that replies to the main petition filed by the Shiv Sena-NCP-Congress combine against the Governor’s decision to swear Mr. Fadnavis as chief minister will be done in eight weeks.