No Mention Of BJP Support By 54 NCP MLAs In Letter Submitted By Ajit Pawar : NCP Tells SC

During the hearing in the petition on Maharashtra government formation, Senior Advocate Kapil Sibal, appearing for Shiv Sena, voiced his suspicion as to the haste with which the events transpired between the night of November 22 and the wee hours of the morning on November 23-

"What was the emergency in revoking President's Rule at 5 AM and holding the swearing-in at 8? He had waited for so long, he could have waited for 24 hours more! What was the hurry to do everything between 7 PM and 5 AM? the pre-poll alliance couldn't come through and hence, we had to form an alternative government...the reason this was all done was because at 7 PM, the announcement of an alliance had already been made! This is totally malafide! And they are saying that there are no prima facie case against the governor's decision?"

"When the NCP declared at 7 PM that it is joining Congress and Shiv Sena in forming the government, how did the governor believe that it had shifted loyalties later the same night? We have original affidavits which show that Pawar was not empowered to represent the NCP", he exclaimed, implying that Pawar's letter claiming the support of 54 MLAs was not a party resolution.

He continued that from S. R. Bommai onwards, it has been the settled proposition that the governor's decisions are subject to judicial review and that the argument mounted on Article 361 does not stand in the way.

He prayed that the floor test be held immediately with a pro tem speaker, and for it to be videographed- " In the cover of the night, new opportunities came knocking. Let the floor test be held in full light!"

Next was the turn of Senior Advocate Dr Abhishek Manu Singhvi, who represented Nationalist Congress Party in the case.

"The letter which Pawar has forwarded is in fact the letter signed by 54 MLAs making him Legislative Party Leader. There is no covering letter stating that the NCP MLAs support the BJP! This is perjury! This is a fraud on the democracy, a fraud of the worst kind! How can one MLA say all these NCP MLAs are going to back the BJP? They are trying to be too clever by half! We have original affidavits signed by 154 MLAs (backing the NCP-Congress-Shiv Sena coalition)", argued Singhvi.

Mr. Rohatgi interjected, saying that if these affidavits are filed, he wants an opportunity to reply.

Going on to state that he is not placing this grave allegation on record, Dr. Singhvi continued, "But it should shock the conscience of this court! Can anyone just get up and say, 'I am the NCP'? One who is not even the leader anymore?"

The SG pointed out that the communication directed to the governor, withdrawing Pawar from the post of the NCP Leader, lacks several signatures.

"In earlier cases, this court has directed for the floor test to be held within 24 hours, 48 hours. It has been to preserve the purity of the democracy. I am happy to lose on the floor of the house today! Why are they trying to delay the process? Why is Mr. Mehta so concerned? The proof of the pudding is in the eating. We must test our convictions on the floor of the House, not in the court", he contended, insisting that safeguards such as the floor test to be carried out at the behest of a pro-tem speaker be prescribed by the court. The concern that the alternative would entitle Pawar to issue a whip to have NCP MLAs disqualified was cited.

"They are worried about the procedure? When they have two counsel on the same petition?", commented Mr. Rohatgi. Countering these suggestions against a new Speaker being elected and for a Pro Tem Speaker to conduct the floor test, he argued that selection of the Speaker is the first order of business.

"They are not even agreeing on the choice of the lawyer", remarked the SG on a lighter note.

"They want to cut short the time given by the governor for the floor test? They want a pro tem Speaker to do it? Can the court interfere with the procedure of the House and the Rules of the Assembly when there is no substantive illegality?", objected Mr. Rohatgi.

"Can they be allowed to say that 'we have somehow kept the MLAs together and if the floor test is to not take place tomorrow, then they shall leave us'?", wondered the SG. 

The bench comprising Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna reserved orders after the hearing. Judgment will be pronounced tomorrow at 10.30 AM.