The Supreme Court of India has agreed to hear the petition filed by NCP, Congress and Shiv Sena seeking a floor test within 24 hours to avoid horse-trading and “illegal maneuvers” in Maharashtra on Monday at 11:30 AM. The petition is against the Maharasthra Governor BS 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.
The SC bench hearing the petition would comprise Justice NV Ramana, Justice Ashok Bhushan and Justice Sanjiv Khanna.
The BJP – NCP Maharashtra government formation on Saturday wasn’t well-received by the political parties and they filed for a petition in the Supreme Court. Maharashtra was under President’s rule and when BJP decided to form a government, President’s rule was revoked at 5:47 AM and Devendra Fadnavis and Ajit Pawar were sworn as the Chief Minister and Deputy CM by Governor BS Koshyari at 8 AM.
“The petitioners are praying for an immediate floor test within 24 hours so as to avoid further horse-trading and illegal maneuvers 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 maneuvering, 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.
NCP has claimed that only they have all MLAs and BJP would fail to prove majority in the Supreme Court. ” 52 NCP MLAs have come back to us,” says NCP’s Maharashtra President Nawab Malik.
“In politics, nothing happens by accident. If it happens, then you can bet it was planned that way” – USA President Franklin D Roosevelt.