The Supreme Court on Saturday agreed to hear a petition filed by Shiv Sena-Congress-National Congress Party (NCP) seeking a floor test within 24 hours to avoid horse-trading and "illegal manoeuvres" in Maharashtra today. The three parties moved to Supreme Court seeking quashing of the Maharashtra Governor's decision to swear-in BJP's Devendra Fadnavis as chief minister, following which the court authorities confirmed a hearing on the petition at 11:30 a.m. on Sunday.
The Supreme Court constitutional bench hearing the petition would comprise Justice N.V. Ramana, Justice Ashok Bhushan and Justice Sanjiv Khanna.
The petition sought quashing of Maharasthra Governor B.S. Koshyari's decision to invite BJP's Devendra Fadnavis to form the government on Saturday morning as unconstitutional, arbitrary, illegal, void-ab-initio and violative of Article 14 of the Constitution of India.
In a stunning political development, Governor Koshyari on Saturday morning administered the oath of office to Fadnavis as the new Chief Minister of Maharashtra and NCP leader Ajit Pawar as his deputy.
The 'Maha' floor Test
"The petitioners are praying for an immediate floor test within 24 hours so as to avoid further horse-trading and illegal manoeuvres to somehow cobble up a majority from the Maha Vikas Aghadi," said the petition. Their lawyer Sunil Fernandes said the petition has been filed with the apex court's registry and a formal listing of the plea for hearing is awaited.
Terming the Governor's decision as a "brazen action", the petition sought the apex court's direction to Koshyari to invite the alliance of Maha Vikas Aghadi comprising the Shiv Sena, the Congress and the NCP "which has the support of more than 144 MLAs to form the government under the leadership of Uddhav Thackeray".
The Sena insisted that the Governor has installed a minority BJP government which was illegal, unconstitutional and in violation of the well-settled law laid down by the top court.
It said its political alliance constitutes a clear majority in the House. "It is submitted that such manoeuvring, at the behest of the BJP through the Governor to suit their political agenda, actually amounts to a death knell on democracy which is a basic feature of our Constitution," said the petition.
Prove majority by Nov 30: Governor to BJP
Governor Bhagat Singh Koshyari has given BJP time till November 30 to prove their majority on the floor of the house. This decision was taken in the wake of the letter written by Ajit Pawar in his capacity as the leader of the NCP legislative party. Now that the party has removed him from the post, it remains to be seen how this affects the Governor's decision. It also has to be seen if the NCP is successful in getting their MLAs back who defected with Ajit Pawar.
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