Maharashtra Government Formation: Fadnavis gets 24-hour reprieve, SC's order on floor test tomorrow
The list of 54 elected MLAs (of NCP) was attached to the letter and said that NCP was extending support to the BJP. "The Governor is not required to go on a roving and fishing inquiry. The decision to invite Devendra Fadnavis was based on materials showing majority," Centre tells Supreme Court.
The Supreme Court on Monday said it will pass its order at 10.30 am on Tuesday the writ petition filed by the Shiv Sena, Nationalist Congress Party and Congress against the decision of the Maharashtra Governor Bhagat Singh Koshyari to invite the BJP to form the government in the state. A bench comprising Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna is likely to pass an order on holding of a floor test. The Shiv Sena, the NCP, and the Congress had approached the Supreme Court after BJP leader Devendra Fadnavis was sworn in as the Chief Minister of Maharashtra. The alliance of the three parties has approached the Apex Court challenging the decision of the Governor to invite the BJP to form a "minority government."
The petitioners alleged that the Governor of Maharashtra has acted in a "partisan manner" and "made a mockery of the high office of the Governor".
Who is representing whom:
Devendra Fadnavis – Mukul Rohatgi
Ajit Pawar – Former ASG Maninder Singh
NCP – Abhishek Manu Singhvi
Shiv Sena – Kapil Sibal
Centre – Tushar Mehta
The Arguments:
Begining his argument on Centre's behalf, Solicitor General Tushar Mehta narrated the timeline of the political crisis in Maharashtra.
Tushar Mehta said that the letter, which said that all NCP MLAs had elected Ajit Pawar as their chief, was given by Pawar to the Governor on 22 November. The list of 54 elected MLAs (of NCP) was attached to the letter and said that NCP was extending support to the BJP.
"The Governor is not required to go on a roving and fishing inquiry. The decision to invite Devendra Fadnavis was based on materials showing majority," Mehta told the court.
Mehta said he is appearing for the Secretary of the Governor since Governor can't be a party in person. He then sought some time to file a detailed reply on behalf of the Governor .
Mehta also read out the Governor's letter, which mentioned that Fadnavis-Pawar government had support of 170 MLAs. Justice Ramana asks for the translation of documents.
Mehta read out the letter that Devendra Fadnavis had placed before the Governor. This letter also mentioned the letter written by Ajit Pawar extending support of 54 NCP MLAs. Based on this material, Fadnavis staked claim to form Government.
"Governor invited BJP to form Government and has given them time till November 30 to prove majority. But now such time has come that the post poll alliance is seeking floor test immediately in 24 hours," Mehta said.
Arguing on behalf of Devendra Fadnavis, Mukul Rohatgi said that through the weekend some of the MLAs went with Ajit Pawar and Devendra Fadnavis and now these MLAs are extending support to Sharad Pawar.
“I met Ajit Pawar, his letter had enclosure of list of names of NCP MLAs supporting me. Governor acted reasonably because he acted on the material placed before him,” he submits.
“One Pawar with Devenra Fadnavis, other with Congress, Sena. There'll be a family feud but I'm not concerned. They are engaging in horse trading, not us,” Mukul Rohatgi said.
The Governor acted correctly as this document had the signatures of NCP MLAs.
Justice Khanna asked if the chief minister enjoyed majority in the House, to which Rohatgi said that the attack on Governor was unfounded. He added that there is no substance for the apex court to pass interim orders.
Rohatgi argued that the Governor had materials before him showing majority and nobody is saying that the signatures are forged.
"The Governor gave a chance to all parties. He exercised his discretion fairly...There will be a Speaker chosen and he will then proceed with the floor-test as the first agenda of the house. But there is nothing left for the Supreme Court to decide since there is nothing wrong with the Governor's decision," Rohatgi said.
A bench of Justice N.V. Ramana, Ashok Bhushan and Sanjiv Khanna was hearing the case.
Representating Shiv Sena, Kapil Sibal asked as to why the Governor waited for so many days and what was the emergency that required revocation of President's Rule at 5.47 am and installing a government at 8 am.
“Today, Ajit Pawar is saying he had the support (of 54 NCP MLAs) but he has been removed from that position from NCP,” Sibal said while pushing for a floor test. “If they have the majority then why should they shy away from the floor test,” he concluded his arguments.
Arguing on behalf of NCP, Abhishek Manu Singhvi said that there was a list of signatures (of 54 NCP MLAs), but did it say that the MLAs were agreeing to support the BJP. There can be signatures without a covering letter.
“There was a list of signatures (of 54 NCP MLAs), but did it say that the MLAs were agreeing to support the BJP. There can be signatures without a covering letter,” he said, calling it a murder of democracy."
Appearing for Devendra Fadnavis, Mukul Rohatgi said that rules for the Assembly are framed in the Constitution.
“The Governor in this case has given 14 days for floor test. Can the Court reduce this to three or four days, when there is no gross or substantive illegality. Will that not be opposed to Article 212?” Rohatgi asked.
Rohatgi said that the most important thing right now is the procedure of appointment of the Protem Speaker, administration of oaths, election of a Speaker and then the floor test should be conducted.
"The Speaker is yet to be chosen, the house is to be convened but they want the Supreme Court to preempt everything. The Governor has given 14 days (since November 23) but it isn't 14 months. Should this court now substitute the Governor's views with its own?"