Maharashtra : Voter Moves SC Against 'Unholy' Alliance Between Shiv Sena- Congress- NCP [Read Petition]

A voter from Maharshtra on Friday moved the Supreme Court against what he called the "unholy post-poll alliance" between Shiv Sena, Nationalist Congress Party (NCP) and the Indian National Congress (INC).

Surendraindrabahadur Singh, a resident of Mumbai, had urged the court to restrain the Governor from inviting the three parties to form the government.

"The Petition seeks to stop the unholy alliance between three political parties which have all fought against each other but are trying to form government by joining hands thereby defeating the electoral mandate," says the petition.

The petitioner also urges the court that if a tri-party government is formed, the same be declared unconstitutional.

The petition filed by advocate Deepak Kumar Singh said prior to the elections, Shiv Sena had formed alliance with BJP under Maha Yuti and the voters voted in their favour under the belief that they will form the government.

As per the election result, Maha Yuti (BJP and Shiv Sena alliance) got clear majority with 161 seats but due to some differences they did not form the government which is also an insult to the mandate given by the people of Maharashtra and in fact, the mandate was being put in trade before the formation of the new government.

"…if the Shiv Sena, which contested the polls with BJP against NCP and INC is allowed to form government with the very two parties, it would result in dilution of mandate of the public and is against the Constitutional ethos," it says.

The petition says that with Shiv Sena trading with NCP and INC to form the government will amount to playing fraud on the voters who voted for the BJP-Shiv Sena and amounts to votes cast under a misrepresentation and stands vitiated.

The petition seeks to know if the expression "largest party/ group" in the context of Governor's power to invite the elected party to form the government under Article 164 if the Constitution includes group of parties that contested against each other and fought election expressly against each other in terms of ideology, policies, propaganda and manifesto"

It also seeks to know "whether an alliance between two political parties that contested against each other is acceptable under the Constitutional scheme" and "whether a coalition of Shiv Sena, NCP and INC is against the judgement passed by the apex court in S R Bommai case"

The petition further refers to Sarkaria Commission report and says that though the guidelines are not clear but it certainly proscribes coalition between parties which fought election against each other.

The Petition is filed through Advocates Sriram Parakkat MS Vishnu Shankar and Deepak Singh

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[Read Petition]