Since Malik and Deshmukh are in judicial custody of the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), respectively, both the agencies are directed to escort them to the Assembly to participate in the floor test and bring them back to the judicial custody.
The ministers had approached the Court on Wednesday, seeking permission to vote in the floor test. The apex court HAD agreed to hear their petitions on Wednesday, along with the Shiv Sena's plea against the conduct of the floor test.
Nationalist Congress Party (NCP) leaders Malik and Deshmukh have been lodged in prison in separate money laundering cases being investigated by the Enforcement Directorate (ED).
While Deshmukh was arrested in November 2021, the ED arrested Malik in February this year in connection with a probe linked to gangster Dawood Ibrahim and his aides.
The leaders had previously sought permission from a special court in Mumbai to vote in the recently held Rajya Sabha elections, but were denied the right to do so.
Floor Test in the Maharashtra Assembly
Reacting to the news, Sena MP Sanjay Raut said, "This is jet speed activity. There are some files lying with the Governor for the past two and a half years, no progress in those. The Governor was waiting for this moment. This is an unlawful activity."
Meanwhile, security has been strengthened outside the Vidhan Bhavan in Mumbai ahead of the floor test.
The rebel MLAs, who have been camping in Assam's Guwahati over the last few days, are also scheduled to head to Goa on Wednesday, before reaching Mumbai to vote in the Assembly's floor test on Thursday.
(With inputs from LiveLaw.)