Of floor tests and anti-defection law: All you need to know about Maharashtra developments

The Supreme Court is set to pass an order today on holding a crucial floor test in the Maharashtra assembly to ascertain whether Chief Minister Devendra Fadnavis enjoyed majority, as the Shiv Sena, the NCP and the Congress put up a public show of strength to claim they have the numbers to form a new government.

The order will be passed at 10.30am, giving the shaky three-day-old Maharashtra government a breather in the intense battle for numbers between the rival camps. 

So, what comes next for the state? To succeed in proving majority, the BJP will have to ensure the support of 145 out of the 288 MLAs in the Assembly. The BJP won 105 seats.

Floor test

162 MLAs of the 'Maha Vikas Aghadi', comprising the Shiv Sena, the Nationalist Congress Party (NCP) and the Congress, assembled for a joint 'parade' at a luxury hotel in suburban Mumbai on Monday, and took an oath not to fall prey to any inducements by the BJP. Sena chief Uddhav Thackeray, NCP supremo Sharad Pawar and Congress leader Ashok Chavan were among others present. This show of majority is the first attempt to pressure the government into resigning. How does a floor test work? As Mukul Rohatgi, who appeared for CM Devendra Fadnavis in the Supreme Court, explained: a pro-tem speaker [a legislator to act as the interim speaker, appointed by the governor] will administer oath to the legislators, who will then elect the speaker. The floor test to gauge the support for the ruling government will then be conducted via voice or individual votes.

What are BJP and opposition arguments on floor test?

Senior Congress leader Abhishek Manu Singhvi, who appeared for the NCP and the Congress in the Supreme Court on Monday, argued for an immediate floor test and raised questions about the NCP MLAs' letter in support of Fadnavis. "The Supreme Court has consistently ordered floor tests to be held immediately whether it’s in UP in 1998 or Karnataka in 2018. May the best person win, let us have the composite floor today or tomorrow,” the coalition representatives had argued in court. Solicitor General Tushar Mehta, appearing for the Centre, argued that floor test was not the problem, but a party stipulating that it has to be conducted in 24 hours was. "Particular time frame cannot be asked to be implemented on mere apprehension of particular party," he said, reported PTI. Both Mehta and Rohatgi rejected any need for an interim order on floor test. Mehta had also pointed out that the governor's decision was immune to judical review. 

Will the court order an immediate floor test?

There are precedents. In 2018, in Karnataka, when the Congress moved the apex court against a governor decision to appoint Yediyurappa the chief minister, Justices A.K. Sikri, S.A. Bobde and Ashok Bhushan had ordered for a floor test in a day's time. The verdict came on a petition filed by a group of Congress and JD(S) lawmakers after the governor invited BJP, the single largest party, to form government in the state. "Only alternative is a floor test for tomorrow [May 19, 2018], we can’t give more time," Justice Sikri said. "It’s just the number game, who enjoys the majority should be invited to form the government," he said. Similarly, in 2017, in Goa, when the Congress moved against BJP government formation, the Supreme Court had ordered a floor test in 48 hours. Parrikar's swearing-in ceremony was held at Panaji at 5pm on a Tuesday. The floor test was stipulated for Thursday. Singhvi had alleged during the hearing then that the BJP was indulging in horse-trading.

What next for Ajit Pawar?

Ajit Pawar is in a bit of a sticky wicket. The issue of anti-defection laws came up following Fadnavis and Ajit taking oath as chief minister and deputy chief minister of Maharashtra respectively. After Ajit's move to ally with the BJP, the NCP had convened and sacked him as the legislature party chief. He was replaced by party state president Jayant Patil.

To succeed in proving majority, the BJP will have to ensure the support of 145 out of the 288 MLAs in the assembly. The BJP won 105 seats. It needs 40 more. The NCP won 54 seats. Ajit has to ensure the support of 37 or more MLAs to avoid the spectre of disqualification under the anti-defection law. It is not certain how many MLAs, if any, are backing him.

After the floor test is taken up, the anti-defection law comes in if a plea is moved before the speaker in this regard. "Supposing in this case, the faction [Ajit Pawar] claims to be the real NCP. Then a question may arise and the Election Commission will have to take a call which is the main NCP for the purpose of anti-defection law. This will also be a long drawn process. Main NCP will be the one which has the majority of MLAS," senior advocate Vikas Singh told PTI.

Taunts and counter-taunts

Pawar addressed a joint meeting of the MLAs of 'Maha Vikas Aghadi' comprising the Shiv Sena, NCP and Congress at the five-star hotel. The NCP chief said BJP has tried unconstitutional ways to gain power in Goa and some other states. "Maharashtra is not Goa and it is time to teach them a lesson," Pawar said. "A misinformation is being spread that Ajit Pawar is the NCP's legislature party leader who would issue a whip to all [NCP] MLAs to vote for the BJP [in floor test]. It is being said that whoever defies the whip would lose his membership of the House," Pawar said.

Addressing a press conference, BJP leader and former Maharashtra minister Ashish Shelar taunted the Sena-NCP-Congress for "identification parade" of their MLAs and termed it as a cruel joke on the people of the state and democracy. This cannot be equated with a floor test in the assembly, he said, minutes after the unprecedented public parade of what the three parties claimed were 162 MLAs at a high-end hotel here. The former minister said identification parades are held to allow witnesses to identify criminals. Shelar said, "We are sure that we will win the floor test in the assembly, whenever it gets convened. Such parades in a hotel will not help in proving majority on the floor."