VidhiSangh

Supreme Court of India · 26/11/2019

SHIV SENA AND ORS. versus UNION OF INDIA AND ORS.

[2019] 14 S.C.R. 206 · 2019 INSC 1286

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Summary

In a challenge to the formation of the Maharashtra Government, the Supreme Court ordered an early floor test as interim relief. A month had elapsed since election results without elected members taking oath. To reduce uncertainty and the possibility of horse trading, the Court required the confidence question to be resolved in the Assembly on 27 November 2019. Maintainability, the extent of judicial review and the validity of the Governor’s satisfaction were reserved for later adjudication.

Issues

  1. Whether urgent interim directions for a floor test were warranted pending adjudication of constitutional objections.
  2. Whether Article 212 prevented the requested intervention in these circumstances.

Provisions considered

Held

Result

Interim directions issued for a floor test on 27 November 2019 after administration of members’ oaths before 5 p.m., under a pro-tem Speaker, without secret ballot and with live telecast. Respondents received eight weeks for counter-affidavits, with four weeks thereafter for rejoinder; listing was directed after twelve weeks.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 206.