Published 17:14 IST, March 18th 2020
Rebel MP MLAs refuse to meet Kamal Nath; Supreme Court says they cannot be coerced
The Supreme Court on Wednesday has refused to allow the 22 rebel Madhya Pradesh MLAs to appear before it, as BJP demanded an immediate floor test in MP
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The Supreme Court on Wednesday has refused to allow the 22 rebel Madhya Pradesh MLAs to appear before it while listening to the petition of the BJP MLAs in Madhya Pradesh seeking an immediate floor test in the state assembly. While the BJP has claimed that it enjoys the support of 106 MLAs compared to Congress' 92 MLAs, reduced due to the defection of 22 MLAs, former CM Shivraj Singh Chouhan has asked the Speaker to hold an immediate floor test - but has been denied stating Coronavirus issues. The Supreme Court is set to continue hearing the case on Thursday at 10.30 AM.
Arguments in court
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BJP
Mukul Rohatgi - representing the BJP MLAs argued that there are videos which would show that these people (MLAs) are there on their own volition, but were being portrayed as though they are kidnapped. He added that the governor's letter also endorses a floor test and says "the only question now is if the directive should be followed or not?". Moreover, he suggested that if the Court doesn't want the MLAs here (in SC) then the Registrar General can meet them.
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Rebel MLAs
Maninder Singh - representing the 22 rebel MLAs currently holed up in a resort in the outskirts of Bengaluru, says all 22 of the MLAs have held a press conference and declared that the decisions taken are on their own free will, sane has been sworn in their affidavits also. The MLAs had cited that they had resigned due to ideology and claimed that the Speaker cannot sit over resignation indefinitely. Singh stated that the rebel MLAs were ready to face consequences as per the Constitution, but don't want to meet Congress leaders.
He added that they do not want to appear before Speaker as it is a matter of their safety. He said that they were ready to appear before the Supreme Court. When the Supreme Court asked will the Speaker take a decision immediately, Dr. Abhishek Manu Singhvi representing the Speaker said that it would take 1-2 days - to which Singh reiterated that they won't appear in front of the Speaker, but was willing to appear in front of the SC - which has been refused by the Court.
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Speaker & Governor
Congress leader Abhishek Manu Singhvi - representing Speaker NP Prajapati stated that there is a fundamental fallacy in their argument that the Governor has the locus, but it is the Speaker who has the locus. He also stated that there should not be an immediate by-election as these MLAs will then become ministers or chairpersons of some state bodies without having contested by-election. When asked, if the SC would bypass the Speaker and order a floor test, Justice Chandrachud suggested that the Speaker can prevent this by accepting the resignation. Meanwhile, Solicitor General Tushar Mehta - representing the governor has said that the governor was not aware of the rebel MLAs location but was satisfied that the rebel MLAs have not been abducted and taken away against their own will.
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Supreme Court
While hearing all the arguments, the SC bench comprising of Justices D Y Chandrachud and Hemant Gupta have said that the SC is not going to come in the way of the legislature to decide who enjoys the trust. They added that it has to ensure there is a free exercise of choice that these 16 MLAs can make. While refusing to let the MLAs appear before the apex court, the court has adjourned the matter for Thursday.
Madhya Pradesh political crisis
The crisis in the Kamal Nath government started when Congress alleged BJP of poaching 4 MLAs - two of which returned to Kamal Nath's folds. Soon, 22 MLAs including 6 cabinet ministers - loyal to Jyotiraditya Scindia flew to Bengaluru and submitted their resignations. While Congress expelled the six cabinet ministers and the Speaker accepted their resignations, the biggest jolt occurred when former Guna MP Jyotiraditya Scindia formally submitted his resignation to Congress interim chief Sonia Gandhi and then joined the BJP.
While the BJP has been demanding a floor test, the Congress adjourned the Assembly till March 26 amid Coronavirus. Both BJP and Congress have moved the Supreme Court - the BJP demanding a floor test, Congress demanding the safe return of its 22 MLAs. Currently, senior Congress leader Digvijaya Singh has flown to Bengaluru and staged a dharna seeking an audience with the rebel MLAs - who have refused to meet him.
MP Assembly current scenario
With the current halfway mark at 114 in the 228-MLA assembly, BJP currently holds 107 MLAs of its own. Congress which held 114 MLAs - has now been reduced to 108, with the acceptance of the six ministers' resignation. Overall, if the resignation of all 22 rebel MLAs is accepted, the halfway mark will be reduced to 103.
17:14 IST, March 18th 2020