Supreme Court reserves order on plea against Maharashtra govt formation
First Published: 25th November, 2019 15:17 IST
The Supreme Court on Monday reserved the order on a joint petition filed by Shiv Sena, Congress and Nationalist Congress Party against the decision of the Maharashtra Governor Bhagat Singh
The Supreme Court on Monday reserved the order on a joint petition filed by Shiv Sena, Congress and Nationalist Congress Party against the decision of the Maharashtra Governor Bhagat Singh Koshyari to invite BJP to form the government in the state.
The petitions were filed after BJP’s Devendra Fadnavis took oath for the second consecutive term as the state Chief Minister, with NCP’s Ajit Pawar as his Deputy Chief Minister on Saturday morning. This came when deliberations among Congress, NCP and Shiv Sena on the government formation had reached the final stage.
The order on whether the floor test will be conducted for proving the majority of the BJP-led Fadnavis government is expected to be pronounced at 10:30 am tomorrow.
A bench of Justices N V Ramana, Ashok Bhushan, and Sanjiv Khanna today heard the arguments put forth by counsels appearing for Governor, Maharashtra BJP and other parties.
On the directions of the top court, Solicitor General Tushar Mehta, appearing for the Maharashtra Governor’s office, handed over an original letter of Governor inviting BJP leader Devendra Fadnavis to form a government.
Mehta said that the Governor, in absolute discretion, invited the largest party [BJP] to form the government on November 23.
“Devendra Fadnavis staked claim following the letter of NCP’s Ajit Pawar along with letters of support of 11 independent and other MLAs. The Governor then wrote to the President and requested for revocation of the President’s Rule; Governor in his wisdom invited the leader of the largest party,” he submitted.
The Solicitor General added that Fadnavis has a support of 170 MLAs. He also sought two-three days’ time from the court to file a reply by asserting that he wants to place additional material on record.
Meanwhile, Advocate Mukul Rohatgi, appearing for Maharashtra BJP, echoed similar sentiments and said that the governor has an absolute discretion to appoint the Chief Minister.
“Judicial review not permitted. The floor test is imperative. But it is the discretion of the Speaker to decide when the floor test is to be held,” he said.
Senior Advocate, Maninder Singh next made his submissions on behalf of NCP’s Ajit Pawar and said that there was nothing contrary to show that his client was not the NCP leader as of November 22.
“My list [granting support to BJP] was constitutionally, legally correct. There is nothing to show that I was not the NCP leader on November 22. I will resolve disputes within my party but this petition must end now,” Singh told the court on behalf of Ajit Pawar.
The contentions were made after NCP chief Sharad Pawar said that the decision to support the BJP was not backed by him and was his nephew’s [Ajit Pawar] personal one.
Senior advocate Kapil Sibal, appearing for Shiv Sena, said, “What was the national emergency that President rule was revoked at 5.17 am and swearing-in was at 8 am? President Rule was revoked at 5.17 am which means everything happened before 5.17.”
He further said that a floor test must be conducted within 24 hours with videography and a single ballot.
Advocate Abhishek Manu Singhvi, representing Congress, referred the move to invite the BJP to form the government in Maharashtra as “murder of democracy”.
“What BJP alliance has shown to Court are signatures of 54 NCP MLAs electing Ajit Pawar as legislative party leader. They were not signed in support of joining the BJP alliance to form a government. NCP’s support to Ajit Pawar was without any covering letter. How can the Governor turn a blind eye to this,” he told the court.
(ANI)
COMMENTS
TOPMOST STORY NOW
Live Fmr IPS officer Anand Mishra contesting LS polls only to cut BJP’s votes: Assam CM
19th May 2024Live NE weather update: Rain, thunderstorms, lightning, and gusty winds likely over all states in next 5 days
19th May 2024Live Lok Sabha elections: Heavy security checks in Mumbai ahead of fifth phase of voting
19th May 2024Live IPL 2024: RR vs KKR match today in Guwahati 
19th May 2024WE RECOMMEND
Lok Sabha elections: Heavy security checks in Mumbai ahead of fifth phase of voting
Security forces have intensified vigil in Mumbai, a day before the metropolitan city is set to go into polls in the fifth phase of the ongoing Lok Sabha elections on Monday (May 20). The city remains under tight security cover as large-scale spot checks are being carried out by stationary and mobile teams. The city remains under […]
19th May 2024Bihar: Shahi litchi of Muzaffarpur to remain costly due to heatwave spells
The heatwave conditions swept across various districts of Bihar.
19th May 2024“Swati Maliwal ka Sach”: AAP attacks Maliwal after purported clip from day of “assault” goes viral
In a post on social media platform X, AAP stated, "Swati Maliwal ka sach (Swati Maliwal's truth)." The post refers to a news story with a purported video clip of the Rajya Sabha MP and security personnel at CM Kejriwal's house on May 13. Delhi Police say that the video is yet to be authenticated by them.
17th May 2024Air India flight from Pune collides with tug truck before takeoff
Airport officials have confirmed the incident and stated that "the passengers were immediately deplaned and arrangements were made for an alternative flight to Delhi."
17th May 2024Union minister Jyotiraditya Scindia’s mother, Madhvi Raje, passes away
The Civil Aviation Minister, Jyotiraditya Scindia is seeking a fresh term in the Lok Sabha from Guna in Madhya Pradesh.
15th May 2024