Madhya Pradesh: Governor well within his right to order floor test
New Delhi, Mar 17: Madhya Pradesh Chief Minister has refused to take a floor test claiming that he has a majority. The Governor has directed that a floor test be taken on two occasions, but the same has not been adhered to.
Experts that OneIndia spoke with say that the Governor is well within his right to order a floor test. If the Governor has the required material and believes that a government is in minatory, then a floor test can be ordered.
Further the decision by the Speaker to abruptly adjourn the House until March 26 was incorrect, experts believe. If the Governor feels that the the government does not have the required numbers, then it is his constitutional obligation to order a floor test. The Speaker of the House will have to adhere to that decision.
The Supreme Court too has on various occasions said that if the Governor feels that a government is in minority he or she must order the convening of the assembly and order a floor test. In the S R Bommai case the Supreme Court had said that the fate of any government shall be decided on the floor of the House. The Governor will have to call for a floor test to test the numbers, the court had also said.
Kamal Nath in this case has defied the order of the Governor. The Governor can decide the date and time when the floor test has to be held and the decision must be abided by the Speaker as well as the Chief Minister.
With Kamal Nath remaining defiant, the Supreme Court will now take a call. The court will hear petitions filed by BJP leaders seeking a floor test. Similar scenarios had emerged both in Karnataka and Maharashtra. The Supreme Court ordered that the floor test be held to test the numbers of the respective parties.