VidhiSangh

Supreme Court of India · 13/04/2020

SHIVRAJ SINGH CHOUHAN & ORS. versus SPEAKER MADHYA PRADESH LEGISLATIVE ASSEMBLY & ORS.

[2020] 9 S.C.R. 787 · 2020 INSC 335

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Summary

The Supreme Court upheld the Madhya Pradesh Governor’s call for a floor test and affirmed its directions for an immediate vote. A Governor may require an incumbent government to establish its majority on relevant objective material, subject to judicial review. Pending resignation or disqualification proceedings before the Speaker do not require postponement of that distinct inquiry. The Court rejected compulsory party access to unwilling legislators and postponement until all members attended or by-elections were held.

Issues

  1. Whether the Governor could require a floor test during an ongoing legislative assembly and whether the circumstances justified doing so.
  2. Whether pending resignation or disqualification proceedings required deferral of the vote.
  3. Whether legislators could be compelled to meet party representatives or the vote delayed pending attendance or by-elections.

Provisions considered

Held

Result

WP(C) 439/2020 disposed of by affirming the 19 March 2020 directions for a single-agenda floor test on 20 March by 5 pm, voting by show of hands, videography and available live telecast, peaceful proceedings and protection of legislators’ liberty and security. WP(C) 449/2020 dismissed; impleadment and pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 9 S.C.R. 787.