SC orders floor test on March 11

NEW DELHI: Smelling fraud having beenperpetrated on the Constitution by Jharkhand Governor S Sibte Razi in allowingJMM chief Shibu Soren to form the government, the Supreme Court on Wednesdaypreponed the date for floor test to March 11 from March 15, fixed by Razi, andordered video recording of the proceedings.In a rare order onaggrieved BJP leader and NDA nominee for Chief Minister Arjun Munda''s petition,a Bench of Chief Justice R C Lahoti and Justices Y K Sabharwal and D MDharmadhikari disapproved the manner of government formation in Jharkhand andobserved: "If what is stated in the petition is true, then it is a total fraudon the Constitution."Munda''s counsel Mukul Rohtagi had said that theGovernor has given a long time to Soren to prove his majority in the House to"indulge in horse trading". He also said the Governor murdered theconstitutional conventions of inviting the single largest party or alliance toform the Government by asking JMM-Congress, having a combined strength of 26, toform the Government despite the NDA getting 36 seats in the 81 member Assemblyexcluding one nominated MLA.The Bench also said Munda had proved a``strong prima facie'' case which necessitated this order.The Benchsaid this interim-order would be regarded as a notice for convening of theAssembly and no separate orders would be required for this purpose. Normally itis the Governor''s prerogative to issue notice for convening theHouse.It also warned that "any disturbance during the floor testwould be viewed seriously". The Bench asked the pro-tem Speaker to "faithfully"announce the result of the floor test.Stalling any move to nominatean Anglo-Indian community member to the House, the Bench said this could waittill a "legitimate" government took over after the floor test on March11.As the Bench put question mark on the Governor''s decision togrant five days more to the Soren government to prove its majority even thoughthe MLAs were to take oath on March 10, Soren''s lawyer A M Singhvi described allallegations made by Munda as "assumptions".On the issue ofappointment of a Judge as an observer to the floor-test proceedings, Singhvi itwould not be proper to appoint an observer for the floor test as "the Courtwould not like Parliament to appoint an observer to watch the hearing in acase."Singhvi''s remark led the Bench to say :"If what is stated iscorrect, then it is a total fraud on the Constitution. We are passing thisinterim order not to allow further perpetration of fraud onConstitution."An anguished Bench also said: "Have you followed thepolitical developments relating to Jharkhand? The manner in which the ChiefMinister is appointed and then time given till March 21 for proving majority;the manner in which a perturbed President summons the Governor; How can we shutour eyes to all these?"