Update
New Delhi, Nov 24 (IANS): The Supreme Court on Sunday said it is not aware of the order of the Maharashtra Governor B.S. Koshyari over government formation in Maharashtra, as they deferred the hearing for Monday.
The apex court's remarks came at the extraordinary hearing.
Judges said in this court "sky is the limit" and said to ask any question, as senior advocate Mukul Rohtagi questioned prayers in the writ petition. Judges said "we are not aware of the order of the Governor."
Congress counsel Abhishek Manu Singhvi told the Supreme Court as to how can Ajit Pawar become the Nationalist Congress Party (NCP) when 41 of 54 elected NCP members signed a document at 3.30 p.m. on November 22. These MLAs said Ajit Pawar is not NCP legislative party leader.
Singhvi argued Supreme Court has consistently ordered floor tests to be held immediately under such scenario.
Solicitor general Tushar Mehta and senior advocate Rohatgi, appearing for some BJP MLAs, objected to the submission in petition that the political parties claiming violation of fundamental rights in the Supreme Court. These parties should go to the Bombay High Court.
Rohatgi said there was no need for this Sunday hearing.
Justice Ashok Bhushan said that is prerogative of the Chief Justice.
Singhvi said BJP is shying from a floor test. Floor test is not adverse to newly sworn Chief Minister and Deputy Chief Minister. Rohtagi said correct procedure is party should be served and some time should have been given to respond, and there should be not be an urgent hearing.
The Governor's decision is not open to judicial review, Rohtagi said before the Supreme Court.
Rohtagi said all the prayers in the petition are directed against the Governor. Governor's choice is not open to judicial review. But Congress insisted on floor test on Sunday or Monday.
Rohatgi countered the Shiv Sena, Congress and NCP petition that Governor/President has some discretion and immunity under Article 361 to choose a person who stakes claim and appoints him Chief Minister or Prime Minister. The bottomline is ultimately the majority has to be proved on the floor of the House.
Earlier reports
SC to hear Sena-Congress-NCP plea on Maha floor test on Sunday
New Delhi, Nov 24 (IANS) The Supreme Court has agreed to hear a petition by Shiv Sena-Congress-National Congress Party seeking a floor test within 24 hours to avoid horse-trading and "illegal manoeuvres" in Maharashtra at 11.30 a.m. on Sunday.
The petitioners moved the apex court on Saturday evening seeking an urgent hearing following which the court authorities confirmed a hearing on the petition at 11:30 a.m. on Sunday.
The petition sought quashing of Maharasthra Governor B.S. Koshyari's decision to invite BJP's Devendra Fadnavis to form the government on Saturday morning as unconstitutional, arbitrary, illegal, void-ab-initio and violative of Article 14 of the Constitution of India.
In a stunning political development, Governor Koshyari on Saturday morning administered the oath of office to Fadnavis as the new Chief Minister of Maharashtra and NCP leader Ajit Pawar as his deputy.
"The petitioners are praying for an immediate floor test within 24 hours so as to avoid further horse-trading and illegal manoeuvres to somehow cobble up a majority from the Maha Vikas Aghadi," said the petition.
Terming the Governor's decision as a "brazen action", the petition sought the apex court's direction to Koshyari to invite the alliance of Maha Vikas Aghadi comprising the Shiv Sena, the Congress and the NCP "which has the support of more than 144 MLAs to form the government under the leadership of Uddhav Thackeray".
The Sena insisted that the Governor has installed a minority BJP government which was illegal, unconstitutional and in violation of the well-settled law laid down by the top court.
It said its political alliance constitutes a clear majority in the House. "It is submitted that such manoeuvring, at the behest of the BJP through the Governor to suit their political agenda, actually amounts to a death knell on democracy which is a basic feature of our Constitution," said the petition.
Devendra Fadnavis trumps Sena-Congress-NCP; takes oath as CM in surprise move
Daijiworld Media Network - Mumbai (AM)
Mumbai, Nov 23: In a surprising move, Bharatiya Janata Party (BJP) turned its tables on rivals with a faction of Nationalist Congress Party (NCP) breaking away under Sharad Pawar's nephew Ajit Pawar and forming government under the leader of Devendra Fadnavis on Saturday, November 23.
The development, which took place in the wee hours of Saturday, has brought a major twist in the Maharashtra government formation. A day earlier it was senior Pawar who announced that the new Maharashtra government would be led by Shiv Sena chief Uddhav Thackeray.
Reacting to the development, Devendra Fadnavis said, "I am happy to have been given another chance to serve as the chief minister of Maharashtra. The people of Maharashtra had given a very clear mandate but the Shiv Sena, which fought the elections alongside us, rejected people's mandate. The state needs a strong government and we are determined to give them that. The President's rule should end now.”
Prime Minister Narendra Modi congratulated Devendra Fadnavis, minutes after swearing-in through a tweet.
The BJP and Shiv Sena, which fought the state elections in alliance, secured a comfortable majority by winning 105 and 56 seats, respectively, in the 288-member Assembly. But the BJP did not cede the Sena's demand of sharing the chief minister's post, leading to falling apart of the nearly three-decade-old alliance. The Congress and NCP won 44 and 54 seats respectively, in the last month's polls.