NEW DELHI, 10 March 2005 — Observing that Jharkhand Governor Syed Sibtey Razi had committed a “fraud” on the constitution by appointing Shibu Soren as chief minister, the Supreme Court yesterday ordered a floor test March 11 to ascertain which political group enjoyed a majority in the assembly.

The court directed the pro-tem speaker of the Jharkhand Assembly to conduct the floor test after observing that the petitioner, former Chief Minister Arjun Munda, had made out a strong prima facie case for grant of interim relief.

“If the averments of the petitioner are correct, then the action of the governor (in appointing Soren) is a fraud on the constitution. We want to prevent a further fraud on the constitution by issuing interim directions,” a three-judge bench headed by Chief Justice R.C. Lahoti observed.

The bench restrained the governor from nominating one Anglo-Indian member to the assembly, saying this could wait till a legitimate government took over after the floor test.

It said that only the duly elected members of the house would participate in the floor test.

The bench advanced the floor test — originally scheduled March 15 — to March 11, wondering why the governor had given five days more to the Soren government to prove its majority even though the newly elected legislators were to take oath March 10.

It pointed out that the governor had himself advanced the date of floor test from March 21 to March 15 after President A.P.J. Abdul Kalam had summoned him to Delhi to explain the circumstances under which Soren had been sworn in. “When the action of the governor bothered the president to summon him, how can we shut our eyes to all the happenings?” the bench observed.

The bench directed that the pro-tem speaker administer the oath of office to the newly elected members today as fixed by the governor. The floor test should be conducted the next day and this should be the only agenda for the assembly.

The bench made it clear that its order shall be construed as the notice required for convening the assembly today and no separate notice for this would be required.

It also ordered video recording of the entire proceedings and directed that a copy of this be placed before the court.

The judges directed the chief secretary and the police chief to ensure that all the elected members attended the assembly and cast their vote safely, freely and securely.