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The confidence movement allowed in Delhi and Jharkhand but not in Punjab MIGMG News

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The Governor of Punjab, Banwaralal Purohit, withdrew an order on 21 September, for a special session of the state assembly calling for a motion of confidence. But why did he change his mind a day after his September 20 order? He stated that there are no legal provisions for this. But in recent cases like those in the Delhi Assembly and the Jharkhand Assembly, both called and won the vote of confidence for their respective governments on 1 September and 5 September respectively.

The decision of the Governor of Punjab, addressed to the Secretary of the Punjab Vidan Sabha, Surinder Pal, was divided into three points. One mentioned how the leader of the opposition, Congress Pratap Singh Bajwa, MLA Sukhpal Singh Khaira, and Bharatiya Janata State (BJP) President, MLA Ashwani Sharma had stated a day after the governor’s decision, that “there is no legal provision for a special session to stir “Proposal of confidence ‘only for the benefit of the state government'”.

Given the ‘Procedural Rules and Business Conduct’ of the Punjab Assembly, it does not contain any section on private session. However, it does contain a section on a “Proposal of No Confidence”, with sub-rule (2) which states that if the Speaker (in this case Kultar Singh Sandhwan) considers the motion sound, he must read a motion to Vidhan Sabha ( Assembly) and members who support granting the leave are asked to rise in their places.

For the Speaker of the House to declare that the permission is granted and that the motion will be taken on that day, at least one-fifth of the members of the House of Representatives must endorse the permission.

Here is also a condition, that the day will not be specified more than ten days from the day the leave was requested. In the event that there are less than the required number of members standing up, the Chairman shall inform the member that he has not left the Vidhan Sabha (Assembly).

In this case, the Cabinet of the Government of Punjab agreed to recommend that a special session of the House of Representatives be called, on 22nd September, to be sent to the Governor under Article 174(1) of the Constitution. This section states, “The Governor shall from time to time summon the House of Representatives or each of the Houses of the Legislature of a State to meet at such time and place as he shall see fit, but six months shall not interfere between its last sitting in one sitting and the time fixed for its first sitting in the session. coming.”

There is no mention of a no-confidence or motion of confidence, but simply that the governor “shall call home from time to time”.

Moving on, the second point in the letter of withdrawal says that the matter has been “examined and legal opinion sought from Sathya Pal Jain, Additional Advocate General of India”. Jain, the letter says in its legal opinion that “there is no specific clause on summoning the assembly to consider a ‘proposal of confidence’ only, in the rules of business procedure and conduct of Punjab Vidhan Sabha.”

The last point is the decision to withdraw.

Interestingly, the Adami Public Party-led Punjab government which has accused the BJP of trying to overthrow its government through “Operation Lotus”, has claimed the same in Delhi where it leads the Union Territory. On 1 September, it successfully implemented the confidence motion submitted by the Prime Minister, Arvind Kejriwal. There were 58 votes in favor of the proposal and no vote against the proposal. BJP MLAs abstained from proceedings in the assembly as 62 AAP MLAs, eight BJPs, and none from Congress.

The AAP said in the last week of August that four Delhi-based MLAs, Ajay Dutt, Sanjeev Jha, Somnath Bharati and Kuldeep Kumar, had approached BJP to switch sides – offering Rs 20 crore each – or otherwise faced “false issues, CBI”. and ED”. In Punjab, the AAP has charged BJP leaders and agents with approaching at least 10 MLAs and offering Rs 25 crore to each of them to withdraw and join the BJP.

Now AAP Punjab appears to have accepted defeat by calling a vote of confidence, as the cabinet decided to summon the assembly on September 27 for other matters. Punjab Chief Minister Bhagwant Man said issues like electricity and straw burning would be discussed in the assembly session.

Also Read: 94 Lakh Paddy Straw burned in Punjab despite 80,000 straw shredders being used

The post-permissible trust movement in Delhi and Jharkhand but not in Punjab first appeared on Indiaahead News.

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