Floor test or composite floor test is the question

Legal experts point out that the acting governor instead of wasting more time should conduct a composite floor test to settle the majority claim between OPS and EPS. However, another point of view insists that as per the constitution, the first opportunity should be given to the incumbent Chief Minister to prove his majority and if he fails the governor can ask the next claimant to demonstrate his strength.

Constitutional experts also explain that the composite floor test was more an innovation by the Supreme Court based on the SR Bommai case, where a floor test was mandated. In the present situation in Tamil Nadu, going by the number game, out of the 234 seats, Jayalalithaa led AIADMK had won 134 seats. As of now the faction led by Sasikala who had propped up the name of Edappadi Palaniswamy has claimed the support of over 120 MLAs while caretaker Chief Minister OPS has also expressed confidence of proving the majority.

Experts also note that the governor is in a bind over inviting OPS to prove his majority in the floor as he had resigned and that he is a mere caretaker of the post. On the other hand, the aspect of OPS claim that he was forced to resign as Chief Minister also lingers. Similarly, the letter of support offered by EPS is also about MLAs who were held captive in a resort. But they have been asked to submit an additional affidavit that they were not under duress while extending their support. 

Under the circumstances, the ball is back to the Governor’s court and time is running out.