"We are thinking as to how we can ensure an order....They must have free unhindered access to the Assembly. They should be free to exercise, do whatever they want," the apex court said. Meanwhile, the Supreme Court deferred the hearing for tomorrow at 10.30 am.
Advocate Maninder Singh, representing the rebel MLAs, submitted before the court that it is wrong that MLAs were kidnapped or abducted and all allegations of coercion are rubbish. "They resigned out of their own free will. A direction be issued to the Speaker to accept their resignations," insisted Singh.
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BJP, however, insisted that it can bring the 16 rebel Congress MLAs and present them before Justices Chandrachud and Gupta in chamber and the judges can ascertain the views of MLAs.
As Madhya Pradesh Chief Minister Kamal Nath faces the challenge of saving his 15-month-old government, the Congress party on Wednesday told the Supreme Court that a probe is needed on the resignation letters of its rebel MLAs submitted by BJP leaders to the Speaker of the state Assembly and sought deferment of trust vote in House till bypolls are conducted for vacant Assembly seats.
Justice Chandrachud referred to the affidavit filed by the rebel MLAs. The court noted that how does it ensure that there is a free exercise of choice? "And, as a constitutional court, we also have to discharge our duties. What can be the modalities to ensure it? "said Justice Chandrachud.
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Former Madhya Pradesh CM Shivraj Singh Chouhan opposed the Congress' plea that trust vote be deferred till holding of bypolls and said that Kamal Nath govt cannot continue for single day as it lost majority.
During the hearing, the bench said that it does not want to play the role of the Speaker, then the BJP counsel Mukul Rohatgi said the Karnataka High Court Registrar can meet the rebel Congress MLAs at Bengaluru. And, after meeting the Rrgistrar can ascertain whether they are kept captive or are there of their own volition.
The Congress party also said that the matter pertaining to Madhya Pradesh government should be referred to the Constitution Bench.
The Congress Party alleged before a bench of Justices D Y Chandrachud and Hemant Gupta that resignations of its rebel MLAs in Madhya Pradesh were extracted by force and coercion and they did not act as per their free will.
Senior advocate Dushyant Dave, appearing for the Congress, said its rebel MLAs were taken away in chartered flights and are currently incommunicado in a resort arranged by the BJP.
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Dave also said the Governor has no business to send messages at night asking the Chief Minister or Speaker to hold floor test.
"The Speaker is the ultimate master and the Madhya Pradesh Governor is overriding him," Dave said.
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Amid political uncertainty in Madhya Pradesh, the state Congress Legislature Party had on Tuesday moved the Supreme Court seeking direction to the Centre and the BJP-led Karnataka government to grant it access to communicate with its rebel MLAs staying in Bengaluru.
The apex court had also directed the Kamal Nath government to respond by Wednesday to a plea by senior BJP leader Shivraj Singh Chouhan seeking immediate floor test in the Assembly.
(With additional inputs from agencies)