No floor test for now, SC asks Centre to produce letter of majority
New Delhi/IBNS: The Supreme Court on Sunday rejected any floor test by the Bharatiya Janata Party (BJP) for now to prove its majority in the Maharashtra Assembly and asked the Centre to first produce the letters of Chief Minister Devendra Fadnavis claiming majority along with the Governor's invitation to form the government.
The three-judge bench also issued a notice to Fadnavis, his deputy Ajit Pawar, the state and the Central government.
The Centre will need to produce the letters in court by 10.30 am on Monday.
The order came amid Shiv Sena, Congress and the Nationalist Congress Party (NCP)'s demand in the apex court that the BJP must take a floor test within 24 hours to prove its majority in Maharashtra Assembly.
"Floor test is the hallmark of democracy. No formalities required," said Abhishek Singhvi, who represented the Congress.
Senior advocate Kapil Sibal, who is representing the Sena, argued in court that, "They say have support they say, they must be directed to take floor test."
Attorney General Mukul Rohatgi, who is presenting the case of BJP, claimed that the Governor's decision cannot be subjected to a judicial review.
The Supreme Court on Sunday heard the petitions filed by the Shiv Sena, NCP and Congress against the Centre's move to revoke Presidential rule in Maharashtra on Saturday early morning and Governor Bhagat Singh Koshyari's step to invite BJP leader Devendra Fadnavis to become the Chief Minister.
The people of Maharashtra woke up to a new twist in the state's political drama, which started immediately after the poll results were declared on Oct 24, as NCP chief Sharad Pawar's nephew and party leader Ajit took some MLAs and supported the BJP to form the government.
Ajit took oath as the Deputy Chief Minister.
Though initially Ajit claimed he had the support of 35 MLAs, NCP chief Sharad Pawar on Saturday evening held a meeting at his place where several of the rebel lawmakers were present.
The NCP on Saturday night said the party has the support of 50 of 54 MLAs who were elected exactly a month ago.
Immediately after Ajit stunned his uncle and party chief, Sharad Pawar tweeted to say, "Ajit Pawar's decision to support the BJP to form the Maharashtra Government is his personal decision and not that of the Nationalist Congress Party (NCP). We place on record that we do not support or endorse this decision of his."
Later at a joint press conference with Sena chief Uddhav Thackeray, Sharad Pawar said Ajit has acted against the party but the call on his nephew's expulsion from the outfit will be taken after meeting all party leaders.
Though no action has been taken yet, Ajit was removed as the NCP's legislative party leader in the evening. Ajit has been replaced by NCP leader Jayant Patil.
Congress leader Ahmed Patel at a separate press conference slammed the BJP saying, "Democracy has been ridiculed."
Maharashtra wakes up under BJP rule
NCP leader Ajit Pawar stunned the Shiv Sena on early Saturday morning by allying with the BJP to form the next state government in Maharashtra.
After Koshyari revoked the Presidential rule in the state early morning, BJP's Devendra Fadnavis took oath as the Chief Minister for the second time with Ajit as his deputy after the NCP leader claimed 35 of his party MLAs have supported the saffron outfit.
Though the tally of BJP-NCP is still five short of the majority mark (145), the saffron party is likely to cobble up the number with the support of the Independent MLAs.
All the developments on the western soil took place barely a few hours after Sharad Pawar last night informed his party, Shiv Sena and Congress will form the Maharashtra government with Sena supremo Uddhav Thackeray as the Chief Minister.
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