Devendra Fadnavis Tells Supreme Court, We Have 170 MLAs

The Governor invited the BJP’s Devendra Fadnavis to form government in Maharashtra based on a letter showing the support of 170 MLAs, including all 54 of the Nationalist Congress Party (NCP)’s Ajit Pawar, the centre today told the Supreme Court.

The Supreme Court is hearing a petition of the Shiv Sena, Congress and NCP against the surprise government formation by the BJP’s Devendra Fadnavis on Saturday morning. Devendra Fadnavis was sworn in along with Ajit Pawar as his deputy at 7.50 am with after President’s Rule was revoked at 5.47 am with Prime Minister Narendra Modi using a special rule to approve it without a cabinet meet.

The Solicitor General said Ajit Pawar had submitted letters of support from all 54 NCP MLAs.

“Ajit Pawar submitted letter on 22 November with signatures of 54 MLAs,” Mr Mehta said, asserting that it was after this letter that Governor Bhagat Singh Koshyari invited Devendra Fadnavis to form government.

“The letter says earlier I had expressed inability to form government. For a stable government we have decided to support Devendra Fadnavis and we will serve Maharashtra,” said the top lawyer.

Former Attorney General Mukul Rohatgi, representing the BJP, said: “The Governor saw the support of 170 MLAs. It is not a forged letter. The (BJP) was called and it took oath.”

He said the Governor couldn’t go for any roving inquiry and he had no reason to doubt the letter.

On Sunday, the Supreme Court held a special hearing on the petition and asked the centre to produce the letter from Maharashtra Chief Minister Devendra Fadnavis claiming majority and that of the Governor inviting to form government.

A three-judge bench also issued notice to Mr Fadnavis, Ajit Pawar, whose party chief and uncle Sharad Pawar insists he went rogue and that all MLAs are with the party. The NCP alleges that Ajit Pawar misled the Governor, submitting a letter with list of MLAs that was meant to show support letter to the Sena-led alliance with a cover letter that claimed support to the BJP.

The court has not yet asked Mr Fadnavis to take a test of strength on the floor of the Maharashtra assembly as the three parties had demanded in their petition. “Floor test is the hallmark of democracy.  No formalities required,” Abhishek Singhvi, who represented the Congress, argued yesterday. The Governor has also not yet given a date for the floor test.

The BJP said the Governor’s decision to invite Devendra Fadnavis to form government cannot be subject to a judicial review. It had also asked for more time to produce the letters, which was turned down by the court.

Appearing for BJP MLAs and two Independents, Mukul Rohatgi claimed that the Governor’s decision cannot be subject to a judicial review. “The Governor not answerable for his actions… The Governor is immune under Article 361. There is complete bar on any action against Governor,” he said.

In 2018, after the Supreme Court ordered a trust vote, the BJP’s BS Yeddyurappa, who had taken oath as the Chief Minister, stepped down saying he didn’t have the numbers.

In their petition, the three parties have claimed that the Governor was “duty bound” to study the claim of Mr Fadnavis before inviting him to form government. This was especially so when the Sena, NCP and the Congress, which have 154 MLAs together, have expressed their intention to stake claim to form the government, they said.

“The Hon’ble Governor has acted in a partisan manner and has made a mockery of the high office of the Governor… the Governor’s actions between the intervening night of 22.11.2019 and 23.11.2019 culminating to the swearing in on the 23.11.2019 are a text book example of the Governor acting at the behest of a political party in power at the Centre,” their petition to the court read.

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