Justice Chandrachud — Can the Governor assume they have resigned and direct for a floor test? Is it within the power of a Governor to act on the basis of this presumption?
Rohatgi— whether the Speaker accepts the resignation or not, these MLAs do not want to join their club.
J. Chandrachud— initially MLAs wanted to appear the Speaker as per March 14 communication.
Rohatgi—– Constitution does not say that I need to appear before the Speaker! Why does he want two weeks? If I was travelling with them so what? People leave one side, join another side. It happens every time. What’s the hue and cry about it? Can it be said that the tentative conclusion, made by the Governor is absurd? The governor must exercise own discretion, there is not even a council of ministers, this applies to a running government and let me just add that this tentative will become conclusive on the floor!
Rohatgi– Powers of a Governor isn’t subject to whether the house is in session or not. We did not move a no-confidence motion since voting is preceded by a discussion and it can take two weeks.
Everyday is important, invitation to horse-trading. Every minute that this government that is there is unconstitutional. Have you heard of a CM making 3 new districts heads when the matter is pending before this court? All kinds of appointments are being made. There must be an immediate floor test.
Justice Chandrachud: You still need 5 more MLAs, currently you have 107. Suppose these 16 members’ resignation is not accepted, they incur a disqualification.
Rohatgi—-They say disqualification petitions are pending but they don’t tell this court that it is not true. All these disqualification petitions were about 6 other MLAs whose resignation have already been accepted. So where’s the question of disqualification?
Rohatgi—- Corona didn’t come when the Governor came, till 12 PM. It came only after he went away. This is all a bogey…a device to say we should get maximum time to indulge in horse-trading. There is a hindi phrase :Sau choohe khaa ke billi hajj ko chali It applies to them
Parliament is working, Supreme Court is working but the assembly was adjourned citing coronavirus. Why couldn’t they spare 15 minutes? And then they go on appointing people in commissions etc while the matter is pending here.