New Delhi: After skipping the hearing of Shivraj Singh Chauhan's petition in the morning at Supreme Court seeking floor test in MP assembly within 12 hours, the Madhya Pradesh Congress Legislature Party has filed a petition in the apex court seeking directions to the union of India and Karnataka government to allow the congress office bearers to meet its MLAs and allow them to participate in the MP's budget session.
The petition prays to the court to declare the confinement of its MLAs as illegal, unconstitutional and violative of Article 14,19 and 21 and rule of law. It also asks the court to pass an order saying that vote of confidence can only be held in the presence of all elected MLAs and if they have resigned then after holding by elections only trust vote can be held.
"if the 22 MLAs belonging to INC have allegedly resigned and consequently their seats have fallen vacant, a trust vote can not be held without the representation of the electorate of the said 22 constituencies, which could only be secured by holding by elections for the vacant seats in accordance with law," read the petition.
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Citing the grounds to approach SC in the matter congress claims that BJP using Governor to hold a floor test is a "farce being played upon the constitution". It further says that even if it is assumed that members have tendered their resignations they are still a part of Madhya Pradesh Congress committee and there is no reason on why they should not be allowed to meet them.
"The insistence of the BJP to hold a floor test without the participation of the 16/22 confined/captive MLAs belonging to the Congress party is a classic text book example of an attempt to pervert a constitutional process and to frustrate the very purpose of holding a floor test," said congress through its petition.
Yesterday the former MP CM Shiv Raj Singh Chauhan had moved to the Supreme court seeking to conduct the floor test within 12 hours as after the congress MLAs resignations the Congress had lost its majority in the house. Today the matter was listed before SC but congress party did not show up. The bench comprising of Justice DY Chandrachud and Justice Hemant Gupta issued notices to Congress, speaker and 16 rebel MLAs.
