Hours before the session of the Madhya Pradesh Assembly began on Monday, Chief Minister Kamal Nath wrote a letter to Governor Lalji Tandon to argue that the latter's directive to hold a floor test was out of the purview of his constitutional rights.
The Kamal Nath government has been in crisis since the past week after 22 Congress MLAs resigned from the Assembly as senior leader Jyotiraditya Scindia left the Congress and joined the BJP. The 22 MLAs are in Karnataka. The Congress alleges the BJP government in the southern state is keeping them confined.
Tandon had written to Kamal Nath, asking his government to undertake a floor test on Monday after the governor's address. Tandon had asked that the trust vote be conducted only by MLAs raising their hands to show support and no other means.
In his letter, Kamal Nath claimed the "BJP is holding captive many Congress MLAs and they are in control of Karnataka Police". Kamal Nath claimed the MLAs were being forced to give multiple statements.
Kamal Nath argued that with the MLAs being kept in captivity, it was "undemocratic and unconstitutional" to conduct a floor test. He added a floor test could be conducted when all the MLAs are "released from captivity and free from coercion".
Kamal Nath also cited Supreme Court observations on past incidents of floor tests to argue that the governor's "connectivity" to the Assembly in the matter of sending messages must be deemed to be limited to the extent considered appropriate by the council of ministers.
Kamal Nath's letter also cited past directives to show the governor cannot interfere with the functions of the speaker.
