Governor acting directly under orders of a party, allow floor test today itself: Sibal tells SC
The Supreme Court on Sunday commenced hearing on a plea filed by the Shiv Sena-NCP-Congress combine against the Maharashtra Governor's decision to swear in Devendra Fadnavis as chief minister. Senior advocate Kapil Sibal appearing for Shiv Sena started submission with an apology to judges for troubling them on a Sunday. Sibal said "But we are not the only ones to blame". He then apprised the Court of the developments in the State starting from election results.
"In the formation of the government, Governors have some discretion as is decided by the Judgments of this Court....In this case, a pre poll alliance broke down and we have to look at the post poll alliance now. In a presser a few days ago, the tripartite alliance (ShivSena, NCP, Congress) was announced...A common minimum program was arrived at and that Uddhav Thackeray would be the CM," he told the court.
Kapil Sibal said, "The majority is 145 seats in the state. Pre-poll alliance comes first. The pre poll alliance broke down. Now, we are relying on post-poll alliance."
Sibal told the top court that the Governor is acting directly under orders of 'a political party' and therefore it should allow a Floor Test today itself.
"It appears that the Governor is acting directly under the orders of a political party. The act of Governor smacks of bias, is malafide contrary to all norms. Only thing to do today is if they believe they have the numbers, majority and can prove their support, they should be directed to conduct floor test today itself," Sibal told the 3-judge bench of the Supreme Court.
To this Justice Bhushan asked, "When were the letters submitted?" Sibal said, "We don't know. Nobody knows. When was the approach made, what documents were submitted is not known. We are saying if they have majority let them prove it. If they don't, allow us to form the government."
Sibal also cited the Karnataka case of 2018.
Representating for the BJP and some independent MLAs, Mukul Rohatgi said, "I was in Karnataka case also. This case should have gone through 226 jurisdiction first."
Rohatgi tells Supreme Court that "the government has been formed for now so there is no reason for this Sunday hearing."
Hitting back, Justice Bhushan said, "That is the discretion of the CJI, Mr. Rohatgi." Justice Ramana: "We have been nominated to hear the case so it is our duty to do it."
Continuing with his arguments, Sibal said all the past orders of the Supreme Court have been consistent in ordering floor test. "Floor test must be conducted, because people of Maharashtra deserve a government. They don't want to do it because they want to use the intervening time."
Begining his submission, Abhishek Manu Singhvi said, "Obligation of Governor to satisfy himself, based on written documents, bearing signatures and physical verification...The NCP had a meeting yesterday (Saturday) and removing Ajit Pawar expelling him from the post. Out of 54 MLAs (of NCP), 41 have signed it and was given to the Governor this morning (Sunday).
"How can Ajit Pawar be Deputy chief minister when 41 NCP MLAs have said that "we are with NCP and we don't recognise him as NCP leader anymore."
On the matter of floor test, Singhvi tells the court, "The best way to decide this is to have a floor test and the source of this is the SR Bommai judgment. The idea to hold quick floor test is to prevent horse trading."
Singhvi recounts the Supreme Court order in the Karnataka case where Protem Speaker was directed to be appointed and floor test was directed to be televised.
Abhishek Manu Singhvi also cited the Goa and Uttarakhand cases where floor test was directed to be held within specific period of time. "In Uttarakhand case, a "composite" floor test was directed between contesting political alliances. Same thing was ordered in Jagdambika Pal case," Singhvi told the Supreme Court.
Why are they shying away from floor test today after claiming majority yesterday
"If floor test is ordered for tomorrow, larger issues may come back to the Supreme Court later. How is it possible for someone claiming majority yesterday to shy away from a floor test today. If floor test is ordered, it is not an invasive adversarial order at all. Floor test is only a constitutional obligation of a democracy. How is it adversarial?
The Supreme Court finally issued a notice to Centre, Maharashtra Government, Devendra Fadnavis and Ajit Pawar on Congress-NCP-Shiv Sena's plea.
"We request Solicitor General Tushar Mehta to produce relevant documents from Governor’s letter for inviting BJP to form govt and letter of support of MLAs by 10.30 am tomorrow."
Rohatgi bats for 3 days' time for the Bharatiya Janata Party to prove majority on the Floor of the House in Maharashtra. Supreme Court rejected the plea and told the party to come back with replies from all parties involved — Governor, Ajit Pawar, Devendra Fadnavis. Rohatgi in Supreme Court argued that three days time should be given for everyone to file replies.
"They should have done their homework before disturbing the Court on late night and disturbing us on Sunday."
The SC bench hearing the petition 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 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.
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.
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