A bench headed by Justice D.Y. Chandrachud and comprising Justice Hemant Gupta said the test is essential to the political uncertainty in the state. The bench also directed the Karnataka DGP to provide security to 16 rebel Congress MLAs who may want to attend the floor test.
"Voting would be by show of hands. Will be videographed and live telecast if possible," said the top court. The bench also ordered that the Assembly will have a single point agenda of the floor test and no hindrance is to be created for anyone.
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The top court also asked the state Assembly Secretary to ensure that there is no breach of law and order.
Earlier in the day the apex court suggested that the Speaker should interact with the rebel Congress MLAs through video link or the court can appoint an observer to allay the fear that the legislators are in captivity.
Meanwhile, Bharatiya Janata Party (BJP) leader and former MP Chief Minister Shivraj Singh Chouhan hailed the Supreme Court judgement on holding a floor test and said that the Kamal Nath-led Congress government's fall is imminent. "Truth has prevailed, attempts to lure away MLAs by all means proved futile," Chouhan said, reacting to the SC order.
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"The government will not be able to clear the floor test. We have full faith that this government will fall in the floor test. It will make things crystal clear, the former chief minister said while talking to reporters in Bhopal. After the fall of this government, ways will be cleared for formation of a new government in the state, Chouhan added.
During the hearing, the bench said that if the government loses the majority when the Assembly was not in session, then Governor has the power to direct the Speaker to summon the Assembly. "What happens when the assembly prorogues and the government loses its majority, then the Governor can call the Assembly," the bench said.
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The plea filed by han and nine BJP lawmakers was moved in the top court just after the Speaker cited coronavirus concerns and adjourned the House till March 26 without taking the floor test apparently defying the directions of Governor Lalji Tandon.
After the Speaker accepted the resignation of six Congress MLAs on Saturday, the party now has 108 legislators. These include 16 rebel legislators who have also put in their papers but their resignations are yet to be accepted. The BJP has 107 seats in the House, which now has an effective strength of 222, with the majority mark being 112.