Sibal cites Bommai case: Floor test is imperative

Pointing out that the MLAs should be given enough time to come to the Court, Sibal on citing the SR Bommai case, said the Governor cannot merely decide on who has the majority and has to establish it only through a floor test. 

Contending that the Governor and Chief Minister appear to be on the same page and that such private opinion is anathema to democracy, Sibal said holding a floor test alone can be an open and constitutional manner of determining majority. 

He also submitted that the Speaker might pass an order disqualifying the 19 MLAs and might hold the floor test even on Sunday to ensure that the said MLAs can’t even approach the courts for relief. Advocate General Vijay Narayan submitted that the constitutional process by the Speaker had started and the court can’t pass orders based on apprehensions of the petitioners. The counsel appearing for the speaker contended that the court cannot interfere in the process of a constitutional authority such as the Speaker. 

Once the constitutional process was over and if any order was passed, then a judicial review would always be available to the aggrieved parties, he submitted and added that the court cannot act based on apprehensions and expect the Speaker to reply on when he is scheduled to make his decision.