Order on floor test today
NEW DELHI: The Supreme Court on Sunday asked the Centre to place before it on Monday morning the letters of Maharashtra Governor Bhagat Singh Koshyari inviting Devendra Fadnavis and of the BJP leader staking his claim to form the government in the state.
In an unprecedented hearing on a Sunday, the apex court, however, did not grant any interim relief to the Shiv Sena, NCP and Congress combine to direct the Fadnavis government to undertake floor test within 24 hours and rather said that this issue would be dealt with only after perusing the two letters on Monday.
A three-judge bench headed by Justice N V Ramana said the plea of post-poll alliance, ‘Maha Vikas Aghadi’, seeking a direction to the governor to invite them to form government under the leadership of Shiv Sena chief Uddhav Thackeray would not be considered at present.
The bench, also comprising Justices Ashok Bhushan and Sanjiv Khanna, issued notices to the Centre, Maharashtra government, Chief Minister Devendra Fadnavis and Deputy Chief Minister Ajit Pawar on the plea filed by the combine seeking quashing of the governor’s November 23 order inviting the BJP leader to form government.
“As adjudication of the issues and also the interim prayers sought by the petitioners to conduct floor test within 24 hours has to be considered after perusing the order of the governor as well as the letters submitted by Devendra Fadnavis even though none appeared for the state government, we request Tushar Mehta to produce those two letters by tomorrow morning at 10.30 am when the matter will be taken up, so that appropriate order will be passed,” the bench said.
Senior advocates Kapil Sibal, who appeared for the Shiv Sena, said that the way President’s rule was revoked in the state at 5.17 am was “bizarre” as no cabinet meeting was held and it was not clear as to on what basis the governor recommended it.
He also questioned the way Fadnavis and Ajit Pawar were sworn in as the chief minister and deputy chief minister at 8 am, saying it was “shrouded with mystery”. Sibal said that the combine has the majority in the 288-member assembly and Fadnavis should be asked to immediately show his strength on the floor of the house.
Senior advocate A M Singhvi, who represented the NCP and the Congress, said that the governor’s decision to invite Fadnavis to form the government was a “betrayal” and “annihilation of democracy” as 41 out of 54 elected MLAs of NCP are not with Ajit Pawar.
He said out of 54 MLAs of the NCP, 41 members have sent a signed letter to the governor in which they clearly said that Ajit Pawar is no more in the party and the support letter given by him to Fadnavis was “illegal”.
Mehta opposed the plea filed by the combine and said political parties do not have fundamental rights to form government and the petition should be dismissed on this ground alone.
Senior advocate Mukul Rohatgi, appearing for some BJP MLAs and two independent MLAs, said that the governor’s decision to call a political formation is part of his discretionary power under Article 361 which is immune to judicial review.
“But the governor cannot just invite anybody,” Justice Ramana observed. (PTI)
