SC order in Maharashtra case tomorrow, gives BJP another two days

The Congress, NCP and Shiv Sena combine had filed a petition on Saturday night challenging the decision of Maharashtra Governor to invite BJP to form government in the state<b></b>

Supreme Court of India (File photo)
Supreme Court of India (File photo)
user

Ashlin Mathew

A Supreme Court bench comprising of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna stated on Monday that they would pass orders regarding the floor test for proving majority by the BJP-led Devendra Fadnavis government at 10.30 a.m. on Tuesday, November 26, 2019. With the SC postponing the pronouncement of the order until Tuesday, Fadnavis has effectively got the requested four days for holding the floor test.

On Sunday, Solicitor General Tushar Mehta, arguing for the Secretary to the Governor of Maharashtra, had requested the Supreme Court to put off the move until Friday, but the advocates appearing for the petitioners – the Shiv Sena, NCP and Congress – had argued for an immediate floor test.

The Supreme Court had asked Mehta to produce all the letters of correspondence between Fadnavis and Maharashtra Governor Bhagat Singh Koshyari. Subsequently, on Monday, Mehta stated that he had produced the letter by Devendra Fadnavis staking claim to form the government and the other from the Governor inviting him to form the government. Mehta added that he had a letter which had the signatures of all the 54 MLAs of the NCP.

Senior Advocate Mukul Rohatgi, appearing for the BJP, said that initially all the 54 MLAs supported NCP’s Ajit Pawar, but now over the weekend these MLAs have gone back to Sharad Pawar. He argued that the Governor acted based on the information in front of him and so the attack on him was unwarranted.


Appearing for Ajit Pawar, Senior Advocate Maninder Singh said that he represented the NCP and that he is the leader of the party.

Countering the arguments, Kapil Sibal, appearing for the petitioners, questioned why the Governor had to revoke President's Rule at 5.47 a.m. and install a government at 8 am, especially since he had waited for so many days.

Slamming the Governor’s move to enable the formation of a BJP government in Maharashtra, Abhishek Manu Singhvi said that it amounted to “murder of democracy”. He wanted to know how the Governor could accept a paper with signatures and no covering letter. "There was a list of 54 signatures, but did it say that the MLAs were agreeing to support the BJP? Was there a covering letter? How can there be signatures without a covering letter?" asked Singhvi.

“This is perjury and a fraud on democracy. That is why a floor test is important. It is to preserve the purity of democracy,” underscored Singhvi, while also arguing that the senior-most leader of the House must be appointed the pro-tem Speaker to ensure the floor test happens immediately.

When Justice Khanna objected to these statements, Singhvi said he mentioned the perjury statement to "shock the conscience" of the Court and that it doesn’t have to go on record.

Countering their arguments, Rohatgi said the floor test should be conducted after the election of the Speaker. He said that the Court cannot pass an order in this case as it would be a violation of Article 212, which states that the Courts cannot inquire into proceedings of the legislature.

Rohatgi said the procedure states that first the pro-tem speaker should be elected, then the oath must be administered, then the election of the Speaker be held and then the agenda for business must be set.

Countering Rohatgi, Sibal said the legislative proceedings can only start if the Speaker has the confidence of the House, and only then can Article 212 come into the picture. Singhvi wanted the Court to ask Rohatgi why he was pressing for a regular Speaker to hold a floor test. Singhvi said it was because if a BJP’s Speaker is elected, then Ajit Pawar can issue a whip and those disobeying it can be disqualified and this is being done to ensure that NCP MLAs can be disqualified. Singhvi said a BJP Speaker would interpret the whip issued by Ajit Pawar to be valid and that would then mean that the NCP leaders can be disqualified.

The Congress, NCP and Shiv Sena combine, named Maha Vikas Aghadi, had filed a petition on Saturday night challenging the decision of Maharashtra Governor to invite BJP to form government in the state. The petitioners are arguing for an immediate floor test within 24 hours so as to "avoid horse trading and illegal manoeuvres". The three parties had formed a post-poll alliance which claims to have 154 members in the 288-member house.

The Maha Vikas Aghadi had asked the Court to declare the action of the Governor inviting Devendra Fadnavis as unconstitutional, arbitrary, illegal and violative of Article 14 of the Constitution and as a result quash the order.

Follow us on: Facebook, Twitter, Google News, Instagram 

Join our official telegram channel (@nationalherald) and stay updated with the latest headlines