The Congress in Haryana on Friday submitted a memorandum to governor Bandaru Dattatreya seeking the dismissal of the minority BJP government in the state.

The memorandum signed by Congress Legislature Party (CLP) leader Bhupinder Singh Hooda was delivered at Haryana Raj Bhawan by deputy CLP leader Aftab Ahmed and chief whip Bharat Bhushan Batra in the assembly. Since the governor was away in Telangana, the Congress leaders submitted the memorandum to his office.

“It is crystal clear that the number of MLAs opposing the BJP government was 45 as against 43 MLAs supporting the government. This shows that the government has lost the confidence of the majority of the MLAs in the present House,’’ said Ahmed and Batra after visiting the Raj Bhawan.

The two Congress leaders said after three Independent MLAs—Sombir Sangwan (Dadri), Randhir Gollen (Pundri) and Dharam Pal Gonder (Nilokheri)—who were supporting the BJP government backed out, the number of the opposition MLAs was 45 in the 88-member House with Congress having 30 legislators, the JJP having 10 MLAs and four Independent MLAs, which included Meham MLA Balraj Kundu and lone INLD MLA Abhay Chautala.

Kundu on Friday also wrote to the governor stating that since chief minister Nayab Saini-led government has lost its majority in the House, the governor should summon the House for a floor test.

“If the present government fails to prove its confidence, the governor may impose President’s rule,’’ the Independent MLA from Meham wrote. Chautala had also written to the governor on Thursday seeking imposition of President’s rule in the state.

“In view of the facts placed before you, you are requested to exercise your constitutional authority to dismiss the minority government immediately and order fresh elections under the President’s rule and uphold the democratic values,’’ said the Congress memorandum.

Hooda had told HT that the Saini-led government was trying to indulge in horse-trading. “If the BJP claims that they have the majority, then it only means that they intend to indulge in horse-trading,’’ Hooda added.

The Congress memorandum said ideally the chief minister should resign on moral grounds. “But this government is unabashedly seeking shelter under sheer technicalities or unconstitutionalities by claiming that they have the majority,’’ the memorandum said.

“If the excellency does not dismiss the minority government immediately, Vidhan Sabha should be convened. The chief minister be directed to seek a vote of confidence on the floor of the house. Affording an opportunity to this minority government to gather support through illegal and democratic methods will put the technicalities above the spirit of democratic principles. Your prompt protection in this matter will restore the faith of the people in our democratic system and enhance the dignity of your high office,’’ the memorandum reads.

JJP leader and former deputy chief minister Dushyant Chautala had on May 8 written to the governor that it was evident that the incumbent government no longer commanded a majority in the legislative assembly.

“The JJP is not extending support to the present government and is open to supporting any other political party for government formation,” the JJP letter said. Dushyant, however, could face rebellion in the JJP as former minister Devender Babli on Friday said Dushyant cannot seek a floor test on behalf of JJP MLAs, claiming that eight out of 10 JJP MLAS were against him.

Saini on Thursday said there was no danger to the government. He said he has the numbers and is ready for the floor test if required.

Is Dushyant having the numbers? But we have the numbers. I won the floor test and if required, I will do it again. There is no threat to the government,” Saini said on Thursday.

People aware of the matter said rebel JJP lawmakers were expected to challenge Dushyant’s leadership over the next three to four days. They added that three JJP lawmakers met former chief minister Manohar Lal Khattar on Thursday to primarily work out a strategy to break the JJP.

The rebel lawmakers said they would decide whether to support the BJP government when a non-confidence motion is brought. “Before the floor test, we will change our legislature party leader. We will make a decision on whom to support when the non-confidence motion is moved,” said a rebel lawmaker.

Four of the rebel lawmakers are believed to be in touch with the BJP leadership while Dushyant still has the backing of Amarjeet Dhanda, Anoop Dhanak, who is undergoing treatment in Gurugram, and Naina Chautala. Family members of other two lawmakers Ram Karan Kala and Ishwar Singh have joined the Congress.

Babli called Dushyant a villain and added that the latter’s family had made the JJP a private limited company. “The party [JJP] is named after Jannayak… [the late former deputy prime minister] Devi Lal… but Dushyant has become a villain. JJP’s eight lawmakers and the Haryana public are against him because of his arrogance and dictatorship. He used to question us whenever we attended any social function organised by other party leaders. After becoming deputy chief minister, he remained busy with other works and distanced himself from party lawmakers. The voters elected us. We are lawmakers and not bound labourers. Dushyant and his father Ajay Chautala, the JJP chief, are using rough language against us in public but they cannot suppress our voice. Dushyant and his mother Naina Chautala had contacted me during the 2019 assembly polls when the Congress denied me a ticket, and I told them that I could not fight on their ticket but they persuaded me.”

He said Dushyant’s behaviour changed when he came to power and now the entire cadre and eight lawmakers are against him. “He has to pay the price for his misdeeds,” Babli added.

JJP general secretary Digvijay Singh Chautala said the legislators were standing with Dushyant and dismissed Babli’s claims as false and baseless.

The BJP has 40 members, support of two independent MLAs and Gopal Kanda of the Haryana Lokhit Party. That takes it to 43, two short of the majority mark of 45 in the assembly which currently has a strength of 88.

In reply to a question, the Congress chief whip said the party would seek a fresh mandate from the people of the state rather than forming a “jod-tod ki sarkaar”. Party sources said the Congress was opposed to forming the government with the support of the JJP, a party facing widespread protests from farmers.