The Centre has been asked to produce before the Supreme Court, the letters of the Governor inviting Devendra Fadnavis as well as the communication of the BJP leader staking his claim. The government formation in Maharashtra has come under the top court's scrutiny as stunning political drama shifted to the apex court on Sunday, a day after Fadnavis returned as the chief minister. Meanwhile, the Shiv Sena claimed that the Sena-NCP-Congress combine has a support of 165 MLAs and can comfortably prove its majority in the Assembly. The BJP also claimed that Fadnavis had the support of 170 MLAs. The majority mark in a House of 288 is 145.
What happened in Supreme Court on Sunday?
In an unprecedented special hearing on a Sunday, a bench of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna rejected the plea by the 3-party combine to direct the Fadnavis government to undertake the floor test within 24 hours, saying this issue would be dealt with only after perusing the two letters. According to BJP leader Ashish Shelar, Governor Bhagat Singh Koshyari has given time till November 30 to the new government to prove its majority on the floor of the House.
During the 30-minute hearing that began at 11.30 a.m in a packed courtroom, the apex court said the plea of the post-poll alliance, 'Maha Vikas Aghadi', seeking a direction to the Governor to invite them to form a government under the leadership of Shiv Sena supremo Uddhav Thackeray would not be considered for the present.
The top court also issued notices to the Centre, Maharashtra government, Fadnavis and Ajit Pawar on the petition filed on Saturday night by the Shiv Sena-Nationalist Congress Party(NCP)-Congress combine against the Governor's decision to swear in the BJP leader as the chief minister.
Ajit Pawar, meanwhile, set the political circles abuzz with his statement that he is still with the NCP and that Sharad Pawar continued to be his leader. Sharad Pawar for his part said, there is no question of forming an alliance with the BJP. "Ajit Pawar's statement is false, misleading and aimed at creating confusion, a false perception among people."
As the NCP, the Congress and the Shiv Sena shifted their MLAs to three luxury hotels in Mumbai, the rival alliances claimed majority support. Security was tightened outside the hotels to thwart any poaching attempts, police said.
Talking to reporters, BJP's Ashish Shelar claimed that Fadnavis has the support of more than 170 MLAs and the BJP government will prove its majority on the floor of the House. He did not elaborate.
In the 288-member Assembly, BJP is the single largest party with 105 MLAs, followed by Shiv Sena, NCP and Congress party having 56, 54 and 44 members respectively.
NCP leader Nawab Malik said the swearing-in took place on the basis of bogus documents and that Fadnavis does not have the numbers.
Malik also said that out of the five NCP MLAs reported 'missing' till Sunday morning, two returned and another one posted a message on social media stating he was with the NCP.
Sena-NCP-Cong combine in SC seeks immediate floor test for Fadnavis govt
The Shiv Sena-NCP-Congress combine on Sunday told the Supreme Court that Maharashtra Chief Minister Devendra Fadnavis should be directed to prove majority today itself or they be given an opportunity to form the government led by Uddhav Thackeray. The combine claimed that they have the numbers to prove a majority in the House and that the governor's decision to invite Fadnavis was "unconstitutional" and "mala fide".
The post-poll alliance also questioned the manner in which the President's rule was revoked at 5.17 am on the recommendation of the governor. A bench headed by Justice NV Ramana said the petitioners have not challenged the withdrawal of the proclamation in their plea.
The bench, also comprising justices Ashok Bhushan and Sanjiv Khanna was told by senior advocate Kapil Sibal, appearing for the Sena, that "the only thing the court can now do" is order for a floor test.
"If they believe they have the support of the House, they must be directed to prove it today itself. If they have the numbers they must prove it or allow us to prove the majority," Sibal said, while maintaining that the combine has the support of 145 MLAs, which is the magic number in the 288-member Maharashtra assembly.
Detailing the sequence of events, Sibal said that the pre-poll alliance of BJP-Shiv Sena broke down after the declaration of the election result and the current situation involves a post-poll alliance of three parties Shiv Sena, NCP and Congress which were holding deliberation on government formations.
Ashok Chavan takes aim at BJP on Ajit Pawar's tweets
Senior Congress leader Ashok Chavan on Sunday night alleged that the BJP was using NCP leader and newly-anointed deputy chief minister Ajit Pawar to "confuse" people. Chavan's remarks came hours after Ajit Pawar, who had joined hands with the BJP on Saturday, on Sunday tweeted that he was still with the NCP and that Sharad Pawar continued to be his leader.
"It is said in English, if you can't convince them, confuse them. BJP is doing the same by putting the gun on some one else's shoulders (sic)," Chavan said in a tweet.
Chavan also posted a video of Congress MLAs taking a stroll in a hotel after meeting senior leaders Ahmed Patel and Mallikarjun Kharge.
"All MLAs are United and strong," he said.
In a series of tweets after thanking BJP leaders for their congratulatory messages, Ajit Pawar had said the "BJP-NCP alliance" will provide a stable government in Maharashtra for the next five years.
"I am in the NCP and shall always be in the NCP and @PawarSpeaks Saheb is our leader. Our BJP-NCP alliance shall provide a stable Government in Maharashtra for the next five years which will work sincerely for the welfare of the State and its people," the 60-year-old leader tweeted.
However, NCP chief Sharad Pawar rebuked his estranged nephew, saying there was no question of an alliance with the BJP in Maharashtra.
In a dramatic turn of events in Maharashtra, President's Rule was lifted on Saturday morning, following which Devendra Fadnavis and Ajit Pawar were sworn in as chief minister and deputy chief minister, respectively, by Governor Bhagat Singh Koshyari.
The development came hours after the new alliance of Shiv Sena, the NCP and the Congress arrived at a consensus that Sena chief Uddhav Thackeray will be their chief ministerial candidate.
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