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

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

The Governor is constitutionally empowered to require a floor test in a running legislative assembly where, on objective and germane material, he forms a prima facie opinion that the Council of Ministers has lost the confidence of the House; such exercise is subject to judicial review for reasonableness and relevance of the material; the Governor did not usurp the Speaker’s exclusive domain over acceptance of resignations or disqualifications, and the pendency of Speaker proceedings is not a bar to convening a floor test; on the facts (22 purported resignations, acceptance of six ministerial resignations by the Speaker, and the Chief Minister’s own communication), the Governor’s direction...

Parties
Petitioner: Shivraj Singh Chouhan & Ors.; Respondent: Speaker, Madhya Pradesh Legislative Assembly; Petitioner: Madhya Pradesh Congress Legislature Party; Respondent: Governor of Madhya Pradesh; Respondent: Kamal Nath, Chief Minister of Madhya Pradesh
Jurisdiction
India
Judgment Date
13 April 2020
Procedural Posture
Writ Petition (civil) / Disposed
Outcome
Writ Petition No. 439 of 2020 disposed of; Writ Petition No. 449 of 2020 dismissed; operative directions issued
Legal Topics
Power of Governor to Summon and Prorogue, Floor Test (trust Vote), No Confidence Motion, Resignation of Members and Acceptance by Speaker, Tenth Schedule (anti Defection), Judicial Review of Constitutional Functionaries
Constitutional Law Administrative Law Legislative Procedure Election Law Power of Governor to Summon and Prorogue Floor Test (trust Vote) No Confidence Motion Resignation of Members and Acceptance by Speaker +2 more

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Parties

Shivraj Singh Chouhan & Ors.

Petitioner

Speaker, Madhya Pradesh Legislative Assembly

Respondent

Madhya Pradesh Congress Legislature Party

Petitioner

Governor of Madhya Pradesh

Respondent

Kamal Nath, Chief Minister of Madhya Pradesh

Respondent

Procedural Posture

Writ Petition (civil) / Disposed

Legal Issues

  1. 1 Whether the Governor can call for a trust vote in an already constituted (running) legislative assembly
  2. 2 Whether the Governor lawfully exercised the power to call a floor test in the facts of this case
  3. 3 Whether convening a floor test short-circuits the Speaker’s discretion under Article 190(3)(b) and the Tenth Schedule

Ratio Decidendi

The Governor is constitutionally empowered to require a floor test in a running legislative assembly where, on objective and germane material, he forms a prima facie opinion that the Council of Ministers has lost the confidence of the House; such exercise is subject to judicial review for reasonableness and relevance of the material; the Governor did not usurp the Speaker’s exclusive domain over acceptance of resignations or disqualifications, and the pendency of Speaker proceedings is not a bar to convening a floor test; on the facts (22 purported resignations, acceptance of six ministerial resignations by the Speaker, and the Chief Minister’s own communication), the Governor’s direction...

Court Disposition

Writ Petition No. 439 of 2020 disposed of; Writ Petition No. 449 of 2020 dismissed; operative directions issued

Orders

  • Session of Madhya Pradesh Legislative Assembly reconvened on 20 March 2020
  • Meeting confined to single agenda: whether the incumbent government enjoys the confidence of the House