Shiv Sena has filed a petition in the Supreme Court on November 12 against the decision of Governor Bhagat Singh Khanduri, who rejected the claim to form the government. The argument is that the Mahamahim Governor refused to give the Shiv Sena three days’ time to form a government in Maharashtra and demand a majority. It has been said in the petition that the Governor cannot decide whether any party has the necessary majority to form the government. The House floor is the only ‘constitutionally organized forum’ for a majority test.
The petition also states that Shiv Sena has emerged as the second largest political party in the fourteenth Maharashtra assembly elections, 2019, and is challenging the malicious actions of the Honorable Governor of Maharashtra. In which the honorable governor refused to give three days time to the Shiv Sena (petitioner) to claim to form the government.
The petition said that the decision of the Hon’ble Governor to Shiv Sena on the evening of 11 November has been taken as unconstitutional, unfair and hasty and has completely violated the law laid down by the decision of the Supreme Court. The Governor cannot decide whether there is a necessary majority to form. The House floor is the only ‘constitutionally organized forum’ for a majority test. Further, according to the petition, formation of government is a sacred political process in a democracy and the honorable governors cannot restrain any political party from forming the government.
According to the petition, as per the constitutional practice, it is the duty of the Governor to give political parties the necessary time frame for formation of government. And the Mahamahim Governor should not act as an agent of the Central Government. And give political organizations proper time before deciding to reject any claim to form a government.