Produce relevant record, letter of support by 10:30 am on Monday: SC to Maharashtra Governor
NEW DELHI: The Supreme Court on Sunday ordered Maharashtra Governor to produce the relevant record on Monday along with letter of support, in response to the plea filed by NCP, Congress and Shiv Sena against swearing-in of BJP’s Devendra Fadnavis as Chief Minister.
The apex court asked Solicitor General Tushar Mehta to produce at 10:30 am on Monday the letter that was submitted to the Governor by Fadnavis staking claim to form Government.
It also issued notices to Fadnavis and Deputy Chief Minister Ajit Pawar and the Centre. Appropriate orders will be passed thereafter.
The plea of the three parties also urged the court to direct an immediate floor test like it had ordered floor tests in Karnataka and Goa, within 24-48 hours, reducing the time given to the parties staking a claim to ensure that there is no horse trading.
The plea had also sought directions from the court for directing a special assembly session so that the MLAs can be administered oath followed by the floor test.
The petition also sought to scrutinise records of the Governor’s office to determine how the former had the subjective satisfaction of Fadnavis-led BJP enjoying a majority in the House.
Congress leader and senior advocate Kapil Sibal, while begining the arguments, informed the bench of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna that the pre-poll alliance of BJP and Shiv Sena broke down and the opposition parties have forged dealing with a post-poll alliance in the state.
“They revoked President’s rule, no Cabinet meeting was held. If there is no Cabinet meeting, there must be a national emergency,” he said to the court.
“Court should order floor test today itself. If BJP has majority, let them prove in assembly. If they don’t, let us stake the claim,” he said.
“When somebody (else) had announced that we are forming the government, the act of Governor is biased, malafide, contrary to all laws established by this Court,” Sibal further added.
The Sena-NCP-Congress lawyers also said that it was a ‘betrayal and annihilation’ of democracy that the government has been allowed to be formed when 41 NCP MLAs are not with the BJP.
“We have seen this in Karnataka also. If they (BJP) have the majority, then let them show their majority,” Sibal said.
“At 5.37 am yesterday President’s Rule was revoked and at 8 am, two persons sworn-in as CM & Deputy CM. What documents were given?
When the bench asked Sibal about the timing of the letter of support given to the Governor, the advocate said, “We don’t know.”
Senior advocate Mukul Rohtagi, appearing for the BJP, said that there was no fundamental rights violation in this case.
“I don’t know why there is hearing on Sunday, there should not be any hearing on Sunday. According to me this matter (Shiv Sena-NCP-Congress’ plea) should not be listed,” he further said.
Solicitor General Tushar Mehta clarified that he was not representing the Maharashtra Governor and was appearing since he was served the copy of the plea last night.
Mehta, appearing for the Centre, also said political parties do not have the fundamental right to form a government and their plea can’t be allowed.
