On Tuesday, The Supreme Court will give its order on Maharashtra government formation, the apex court said while hearing the Shiv Sena-NCP-Congress combine’s plea against the governor’s decision to swear in Devendra Fadnavis as chief minister. As uncertainty in the state mounted, the Centre on Monday maintained that the BJP had the support of all 54 NCP MLAs to form a government in Maharashtra and asked the Supreme Court for two to three days to reply to the plea against Governor Bhagat Singh Koshyari’s decision.
Appearing for the Shiv Sena, senior advocate Kapil Sibal said the combine has affidavits from 154 Maharashtra MLAs and the BJP should be asked to prove its majority within 24 hours if it has the numbers.
Shiv Sena-Congress-NCP has filed a plea against the governor’s decision, to swear in BJP leader Fadnavis as chief minister and NCP’s Ajit Pawar as deputy chief minister in the early hours of Saturday. Solicitor General Tushar Mehta told the top court the Maharashtra governor is not supposed to conduct a roving and fishing inquiry to ascertain which party has the numbers to form the government. question is that, he said, can a party come and seek the court’s intervention to hold a floor test within the 24 hours.
Senior advocate Maninder Singh, appearing for Ajit Pawar, told the bench that the governor rightly invited Fadnavis to form the government. The apex court, after perusing Koshyari’s letter inviting Fadnavis, said it has to be decided whether or not the chief minister enjoys majority support on the floor of house.”Where was national emergency to revoke President’s rule at 5.27 am and CM being administered the oath at 8 am next morning,” Sibal asked.
Senior advocate Abhishek Singhvi, appearing for the NCP and the Congress, termed it a “fraud of the worst kind” and asked whether a single NCP MLA told Ajit Pawar that he supported him to go with the BJP. “(Shiv Sena-NCP-Congress) Combine has affidavits of 154 Maharashtra MLAs supporting it. If the BJP has numbers, then they should be asked to prove majority within 24 hours,” Sibal said.
After the hearing began on Monday morning, Mehta presented the letter to the Governor and Fadnavis on Sunday as the bench had said.
The apex court said that it was not considering the plea to invite the Shiv Sena-NCP-Congress alliance to form the government in Maharashtra.