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Thursday, Mar 13, 2008
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Court: wait for floor test

J. Venkatesan

We proceed on the basis MLAs are honourable: judge

New Delhi: The Supreme Court on Wednesday declined to pass any order on the writ petition challenging Governor S.S. Sidhu’s decision to invite the Congress to form a government in Meghalaya.

A Bench consisting of Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and Dalveer Bhandari also turned down the plea of the petitioner Conrad K. Sangma, son of P.A. Sangma, leader of the Nationalist Congress Party, to advance the floor test for Chief Minister D.D. Lapang to prove his majority.

Appearing for the petitioner, senior counsel Soli Sorabjee said the Governor threw all democratic norms to the winds when he invited the Congress, which has only 25 seats, instead of the 31-strong Meghalaya Progressive Alliance (MPA), to form the government. All supporting members of the post-poll alliance were taken to the Governor and the leader of the group staked claim to form the government.

“Hurried swearing-in”

Still Mr. Lapang was hurriedly sworn in Chief Minister. “You cannot force a fait accompli situation,” counsel said. Mr. Sorabjee cited instances to drive home the point that the Supreme Court could intervene in such a situation.

The Chief Justice said: “It could be that the Governor invited the single largest party. This court in the Bommai case said the majority should be proved on the floor of the House. Let them prove it. You wait till then.”

When Mr. Sorabjee pointed out that the Governor had given 10 days for Mr. Lapang to prove his majority and that the court should reduce the time to seven days, the Chief Justice said: “Whether it is 10 days or seven days it makes no difference. Further, to whom can we give a direction to convene the Assembly?”

“Only the Governor has the power”

When counsel said the court could give a direction to the Union government and the State Chief Secretary, the Chief Justice pointed out: “Only the Governor has the power to convene the Assembly. We cannot regulate the proceedings of the House unless there are extreme circumstances.” Justice Raveendran told counsel: “You should have confidence in your own people.”

When Mr. Sorabjee argued that 10 days would make a lot of difference, he said, “We proceed on the basis that they [MLAs] are honourable men. You want us to proceed that they are not honourable men?”

The Bench posted the matter to March 24.

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