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The Supreme Court will hear on Sunday 11.30 am the petition filed by the Shiv Sena, Nationalist Congress Party (NCP), and the Indian National Congress challenging the Maharashtra governor’s decision to invite former Chief Minister Devendra Fadnavis of the Bharatiya Janata Party (BJP) to form the state government in the early hours of Saturday.
Their joint petition filed in the apex court late on Saturday, asked the court to issue a direction to the governor to invite their alliance, Maha Vikas Aghadi, to form the government. The alliance totals 154 MLAs, a majority in the 288-seat assembly.
The three parties have been in talks over forming a coalition government ever since the BJP was unable to prove its majority when invited by the governor on November 9. The parties finalised a Common Minimum Programme for a post-poll alliance on November 22.
However, in the early hours of November 23, the governor Bhagat Singh Koshiyari swore in Fadnavis as CM, and Ajit Pawar of the NCP, as the deputy CM.
The Presidential Proclamation issued on November 12 imposing President’s Rule was revoked by the President at 5.47 am on Saturday. Subsequently, Fadnavis was administered the oath as CM by Governor Koshyari in a “make-shift and a hurriedly convened swearing in ceremony,” the petition stated.
“Hon’ble Governor has acted in a partisan manner and has made a mockery of the high office of the Governor. It is respectfully submitted that 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. Unfortunately, the facts in this case demonstrate that the Hon’ble Governor has belittled the constitutional office of the Governor and has allowed himself to be a pawn in BJP’s illegal usurpation of power,” the petition said.
The petitioners submitted that all legislators of the NCP, Shiv Sena and Congress — with the exception of Ajit Pawar — are part of the Maha Vikas Aghadi alliance. By itself, the BJP, which won 105 seats in the recently held assembly polls, falls short of the halfway mark of 144.
“There is nothing in public domain as to how and in what manner Shri Devendra Fadnavis and/or the BJP had staked claim to power between the intervening night of 22.11.2019 and 23.11.2019. Further there is no material in the public domain to show that Shri Devendra Fadnavis had carried letters of support of 144 MLAs (which in any event was not legally possible to do). The Petitioners categorically assert that all the MLAs of the Shiv Sena, NCP and Congress are completely and solidly with the alliance except for Shri Ajit Pawar,” the petitioners submitted.
The petitioners prayed for a floor test within 24 hours.
“Anyone can invoke their right to approach the Hon Supreme Court. Likewise the government and the other respondents will have complete opportunity to make their submissions. One must appreciate the majesty and grace of the Honourable Court to schedule a special hearing,” said Nalin Kohli, National Spokesperson of the BJP and an advocate of the Supreme Court..
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