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Kalyan's insistence on majority with governor saved his day before SC

At the hearing of the special leave petition filed by the ouster Uttar Pradesh chief minister Jagdambika Pal before the Supreme Court, senior counsel Kapil Sibal, appearing for Pal, drew the attention of the court to the impugned interim order of the high court made on Monday to establish that it went beyond the prayer in the writ petition filed in the high court, challenging the dismissal of the BJP government on February 21 late in the night.

Chief Justice: "In a case like this let us get to the core of the matter." The court then asked senior counsel Soli Sorabji, appearing for the petitioner before the high court, to explain the "operative portion of the impugned high court order." The counsel explained the same.

Sibal intervened to say that the governor took his decision keeping in view the factual situation and after ascertaining the views of all the group leaders who had extended support to Pal. Since Kalyan Singh lost majority in the house, the governor did not give him any opportunity to prove his majority on the floor of the house.

Chief Justice: "Did Kalyan Singh ever dispute that he was in minority?"

Sorabjee: "Yes. He did so, when he met the governor, both orally as well as in writing."

Chief Justice: "Can you point it out from the governor's order?"

Sorabjee replied in the affirmative and drew the attention of the court to the two portions in the governor's orders where Kalyan Singh's assertion that he was still in majority had been recorded. The Chief Justice observed that if Kalyan Singh had ever admitted that he was in a minority and asked the governor for more time to prove his majority on the floor of the house, the governor would have legitimately declined.

The Chief Justice then asked Sorabjee as to how soon the assembly could be convened to prove the majority. Sorabjee replied that it could be done in four days.

Chief Justice: "why not tomorrow?"

Sorabjee: "Tomorrow is a holiday and all the 424 legislators are required to be informed before holding of the session."

The court then finally asked for convening of a special session of the house on February 26.

Elections '98

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