Breaking : SC To Hear Tomorrow Plea By Sena-Congress-NCP Against Maharashtra Government Formation

The Supreme Court will hold a special sitting tomorrow at 11.30 AM to hear the petition filed by Congress, Shiv Sena and NCP against the formation of BJP government in Maharashtra.

The matter will be considered by a bench comprising Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna. (Justice Bhushan was part of the 3 judge bench which passed the floor test order in the Karnataka Assembly case in 2018).

The petition was filed today evening challenging the decision of Maharashtra Governor to invite BJP to form government in Maharashtra, which was placed under President's rule on November 12 in view of the political stalemate.

Shiv Sena, Congress and NCP claim that they formed a post-poll alliance named "Maha Vikas Aghadi" having 154 members in the 288 member house and had announced Uddhav Thackarey as the CM on Friday night. However, in a surprising move, BJP leader Devendra Fadnavis was sworn in as the Chief Minister today morning, after the President's rule was revoked during the wee hours of Saturday.

As per the petition, the BJP has not placed any objective material before the Governor for showing majority. No demonstration either by letters of support or by parading of MLAs has been done by the BJP. The BJP clearly falls short of the halfway mark of 144. In any event the BJP cannot get the support of majority through legal constitutional means in the face of the anti-defection provisions of the Tenth Schedule.

The petitioners seek a declaration from a Court that Governor's decision to invite Devendra Fadnavis to form the Government as "unconstitutional, arbitrary, illegal, void-ab-initio, and violative of Article 14 of Constitution of India".

Further, the petitioners request the Court to direct the Governor to invite their alliance to form government under the leadership of Uddhav Thackarey.

The petitioners are also praying for an immediate floor test within twenty-four hours so as to "avoid further horse trading and illegal maneuvers". The Governor Bhagat Singh Koshyari has given the Fadnavis government time till November 30 to prove majority in the house.