Kamal Nath, Tandon spar over floor test

Chief Minister says he has majority; Governor regrets the ‘unparliamentary’ tone of the letter

Tense moments: Madhya Pradesh Governor Lalji Tandon addressing the Assembly in Bhopal on Monday .

Madhya Pradesh Chief Minister Kamal Nath on Monday wrote to Governor Lalji Tandon , alleging that the latter was overstepping his Constitutional powers and taking the BJP’s opinion to “ prima facie ” believe that the State government was in a minority.

Mr. Tandon shot back, expressing regret that the language and tone of Mr. Nath’s letter was “not in consonance with parliamentary propriety”.

The sparring began on Sunday as Mr. Tandon, after a BJP delegation met him,

directed Mr. Nath to hold a floor test and prove his government’s majority in the Assembly “in any condition” on Monday, without attempting to stall the vote.

Question of majority

With the session adjourned on Monday, Mr. Tandon asked him to prove majority by Tuesday. “Otherwise, it will be held that in reality you don’t have a majority in the House,” he wrote.

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Mr. Nath said he was surprised that the Governor believed prima facie the government had lost the majority. “It appears that you believed this based on information received from the BJP. In this relation, legal provisions are clear that the Governor cannot take notice of any such group separated from the main party which does not fulfil the parameters [two-thirds majority] laid down in Schedule 10. The reality is that in the present conditions, this group is in the clutches of the BJP. That is why it is inappropriate for you to reach such a prima facie conclusion.”

In light of the perspective given by the Constitution Bench of the Supreme Court, Mr. Nath wrote, the letter given by the Governor “appears to be beyond powers conferred on the Governor under the Constitution”.

Besides, he said, it was a matter of public concern the BJP had possibly “given bribes, lurements and restricted” several Congress MLAs, as he had explained in the previous letter.

He stated with “utter sadness” and “anguish” that far from finding a solution to the “illegal conducts like restrictions on my MLAs”, the Governor had not even mentioned it in his letter.

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Mr. Nath further wrote that he was also surprised that Mr. Tandon believed that he had a say on matters pertaining to the Vidhan Sabha’s functioning, which fell in the domain of the Speaker.

“I hope and have faith that your honour will work according to law and the Constitution in the future,” he wrote.

Mr. Nath pointed out to the Governor that by holding several Congress MLAs “hostage” under the control of the police, the BJP was compelling them to make statements. “...In such a situation that there is no point in holding a floor test of any kind and doing this would be unconstitutional and undemocratic.”

Mr. Tandon said that when the question arose if a government had the trust of the House or not, the Supreme Court had established that the answer lay in the floor test.