1998 JTR(SC) 262
1998 AIR(SC) 998 ; 1998 AIR(SCW) 767 ; 1998 AllLJ 511 ; 1998 1 CPJ(SC) 557 ; 1998 2 Scale 82 ; 1999 9 SCC 95 ; 1998 1 UPLBEC 557 ; 1998 KHC 1516
SUPREME COURT OF INDIA
M.M. PUNCHHI, CJI., S.C. AGRAWAL AND K.T. THOMAS, JJ.
Jagdambika Pal, Petitioner
Versus
Union of India and others, Respondents.
Petition(s) for Special Leave to Appeal (Civil) No. 4495 of 1998,
D/- 24-2-1998.
The court established that a composite floor-test in the State Assembly is the definitive method to determine the majority for the office of Chief Minister, and the functioning government's powers should be limited to routine matters pending the outcome.
Act
Referred
:CONSTITUTION OF INDIA
: Art.136, Art.163
(A) Constitutional Law - Floor Test - Determination of Majority - A special session of the State Assembly is to be convened for the sole purpose of conducting a composite floor-test to determine which of the contending claimants for the office of Chief Minister possesses the majority in the House. (Para 1(i), (ii))
(B) Conduct of Proceedings - Proceedings in the Assembly must be peaceful, and any disturbance will be viewed seriously. The result of the floor-test must be announced by the Presiding Officer faithfully and truthfully. (Para 1(iii), (iv))
(C) Interim Administration - During the period between the order and the determination of the majority, the functioning Government is restricted from taking major decisions, except for attending to routine matters of little consequence. (Para 3)
Facts of the case:
A dispute arose between two contending claimants for the office of Chief Minister of a State. The matter was brought before the court to determine the rightful leader of the House through a legal mechanism to establish majority support.
Findings of Court:
The court directed the convening of a special session of the State Assembly for a composite floor-test to resolve the claim of majority. It further directed that the result be submitted to the court and restricted the functioning government's powers in the interim to prevent major policy decisions during the dispute.
Issues: The primary issue was the method to determine which claimant for the Chief Ministership held the majority in the State Assembly.
Ratio Decidendi: A composite floor-test is the appropriate mechanism to determine the majority in the House to resolve disputes regarding the Chief Ministership. To maintain the status quo and prevent potential misuse of power, the functioning government should be limited to routine administrative tasks until the majority is established.
Result: Order passed directing a floor-test and interim restrictions on the government.
(B) Conduct of Proceedings - Proceedings in the Assembly must be peaceful, and any disturbance will be viewed seriously. The result of the floor-test must be announced by the Presiding Officer faithfully and truthfully. (Para 1(iii), (iv))
(C) Interim Administration - During the period between the order and the determination of the majority, the functioning Government is restricted from taking major decisions, except for attending to routine matters of little consequence. (Para 3)
Facts of the case:
A dispute arose between two contending claimants for the office of Chief Minister of a State. The matter was brought before the court to determine the rightful leader of the House through a legal mechanism to establish majority support.
Findings of Court:
The court directed the convening of a special session of the State Assembly for a composite floor-test to resolve the claim of majority. It further directed that the result be submitted to the court and restricted the functioning government's powers in the interim to prevent major policy decisions during the dispute.
Issues: The primary issue was the method to determine which claimant for the Chief Ministership held the majority in the State Assembly.
Ratio Decidendi: A composite floor-test is the appropriate mechanism to determine the majority in the House to resolve disputes regarding the Chief Ministership. To maintain the status quo and prevent potential misuse of power, the functioning government should be limited to routine administrative tasks until the majority is established.
Result: Order passed directing a floor-test and interim restrictions on the government.
ORDER :- We have heard learned counsel for the petitioner. We have also heard learned counsel for the Caveators. On hearing them, the order which commends to us is as follows :
(i) A special Session of the Uttar Pradesh Assembly be summoned/convened for 26th February, 1998, the Session commencing forenoon.
(ii) The only Agenda in the Assembly would be to have a composite floor-test between the contending parties in order to see which out of the two contesting claimants of Chief Ministership has a majority in the House.
(iii) It is pertinently emphasised that the proceedings in the Assembly shall be totally peaceful and disturbance, if any, caused therein would be viewed seriously.
(iv) The result of the composite floor-test would be announced by the Speaker faithfully and truthfully.
2. The result is expected to be laid before us on 27th February, 1998 at 10.30 AM when this Bench assembles again.
3. Ancillary directions are that this order shall be treated to be a notice to all the MLAs, leaving apart the notices the Governor/Secretariat is supposed to issue. In the interregnum, no major decisions would be made by the functioning Government except attending to routine matters, not much of any consequence.
4. To come up on 27th February, 1998 as part-heard.
Order accordingly.