Mumbai: In a significant development in the ongoing Maharashtra political commotion, the Apex Court, on Tuesday ordered that the Devendra Fadnavis government will take the floor test for proving the majority on Wednesday, November 27 at 5 pm.
The bench comprising Justices Ramana, Ashok Bhushan and Sanjiv Khanna ordered live telecasts of the floor test and to do away with the secret ballot.
The Supreme Court on Monday had reserved orders on the petition filed by Shiv Sena, Nationalist Congress Party and Congress against the decision of Maharashtra Governor inviting Devendra Fadnavis to form government in Maharashtra.
After a special sitting on Sunday, the bench comprising Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna called for the correspondences between Fadnavis and Maharashtra Governor Bhagat Singh Koshyari to be produced on Monday at 10.30 am.
On Monday, Solicitor General Tushar Mehta produced the same and said that NCP leader Ajit Pawar had extended support of entire 54 MLAs of NCP in the capacity of its legislative party head. Governor Bhagat Singh Koshyari invited Fadnavis to form the government, acknowledging that he had the support of 170 MLAs including independent legislators. The SG added that the Governor cannot undertake a “roving enquiry” at that stage.
Senior Advocate Mukul Rohatgi stoutly opposed the Court advancing the floor test. He said that the Governor enjoyed special immunity from judicial review under Article 361 of the Constitution. Also, the Court cannot regulate the procedure in the assembly house, Rohatgi argued based on Article 212 of the Constitution.
Senior Advocate Kapil Sibal, appearing for Shiv Sena, termed the hasty revocation of President’s rule at 5:47 AM on Saturday and the following swearing-in ceremony held secretively a “mala fide” exercise.
Senior Advocate Dr A M Singhvi, appearing for NCP, contested the claims of SG Tushar Mehta regarding NCP support. He submitted that the letter produced by Mehta was the one concerning the election of Pawar as legislative party head of NCP. There was no mention of any of the MLAs extending support to BJP to form a government, Singhvi added.
The combine of Congress-NCP-Shiv Sena filed the petition on Saturday night 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.
(inputs livelaw.com)
