New Delhi, Nov 26 (IANS): The Supreme Court on Tuesday passed an interim order to conduct a floor test in the Maharashtra Assembly on Wednesday after considering the competing claims of the parties.

Having heard the parties, the bench of the top court comprising Justices N.V. Ramana, Sanjeev Khanna and Ashok Bhushan was of the opinion that since oath taking of the MLAs has not taken place a floor test should be conducted as soon as possible on November 27, saying the exercise should be completed before 5 p.m. on Wednesday.

The court said a pro tem speaker would be appointed and the floor test would not be conducted by secret ballot and the proceedings would be telecast live.

The court said the oath to MLAs is to be administered before 5 p.m. on November 27.

Senior advocate Kapil Sibal appearing for Shiv Sena-NCP-Congress alliance, mentioned before the apex court an application seeking directions to restrain the Devendra Fadnavis government from taking important policy decisions.

The apex court has given eight weeks' time to the respondents to file a reply.

The court said it is necessary to pass an interim order for the floor test to determine majority in Maharashtra, which is essential to uphold democratic values and the citizens' right to good governance.

The court observed that there is a need to respect the separation of jurisdictions of the legislature and courts and the latter's intervention should only be as the last resort. Justice Ramana said, "This is one such case."

The court observed MLAs have not been administered oath, though a month has passed since declaration of election results in Maharashtra. It said that an interim order for conducting floor test is essential to avoid horse-trading and corrupt methods deployed to gain majority.

Earlier, in an unprecedented hearing on Sunday on the brewing political drama in Maharashtra, the Supreme Court had asked the Solicitor General to produce letters of support, used by Fadnavis in staking claim to form the government, on Monday morning at 10.30 a.m. for passing orders.

The court had said it will decide on taking the call, prayers in the petition of Shiv Sena, Congress and NCP, on immediate floor test after examining the Governor's order inviting Fadnavis to form the government in the state.

Senior advocate Mukul Rohatgi, representing a few BJP MLAs and two independent MLAs, had submitted before the bench that the petitioners were "sleeping for 19 days", and now they have moved the apex court seeking a floor test to be conducted today itself.

"I will bring out all the facts, for this, I need two or three days," Rohtagi had said.

Senior advocate Abhishek Manu Singhvi, appearing for Congress and NCP, had said either the court should order a composite floor test or the BJP should be asked to prove their majority, and that this process be done by Sunday or Monday.

Live updates

10.55 am - Senior most MLA of the House to be nominated as the Pro-Tem Speaker, says Supreme Court.

10.52 am - Everything will be clear after the floor test tomorrow, says Union Minister Ramdas Athawale.

10.49 am - Pro-Tem speaker to be appointed tomorrow and the only agenda would be to conduct the floor test, says Supreme Court.

10.47 am - Kapil Sibal appearing for Shiv Sena-NCP-Congress alliance in Supreme Court, mentioned before the SC to restrain the Devendra Fadnavis government from taking important policy decisions.

10.44 am - The Supreme Court has ordered that the floor test be held before 5 pm on November 27. The proceedings shall be live telecast.

10.40 am - Supreme Court orders floor test in Maharashtra assembly on November 27

10.38 am - Supreme Court's three-judge bench, headed by Justice NV Ramana and comprising Justices Sanjiv Khanna and Ashok Bhushan, are reading the pronouncement of the judgement on the petition jointly filed by NCP-Congress and Shiv Sena against formation of BJP-led government in Maharashtra.

10.36 am - Maharashtra Congress President Balasaheb Thorat to be Congress Legislative Party leader of Maharashtra, say sources

10.24 am - 'Opposition parties not to take part in theConstitution Day program in Parliament today: The decision has been taken because government is bypassing the Constitution. In the latest situation in Maharashtra, they are disrespecting Indian Constitution' - K Suresh, Congress.

10.20 am - "The Legislature Secretariat has received a letter claiming that Jayant Patil is the Legislative Party Leader for NCP. But, decision has to be taken by the Speaker. As of today, decision has not been taken," saidRajendra Bhagwat, Maharashtra Legislature Secretary

9.47 am: Legislature Secretariat has received a letter claiming that Jayant Patil is the Legislative Party Leader for NCP. But, decision has to be taken by the Speaker. As of today, it has not been decided, says Rajendra Bhagwat, Maharashtra Legislature Secretary.

9.30 am: We are confirmed that Ajit Pawar is the leader of NCP on the Floor of the House, and his whip will hold as leader of legislature party, says BJP leader Ashish Shelar in Mumbai. 

Earlier report

New Delhi, Nov 25 (IANS): The Supreme Court on Monday gave a breather to the BJP-Ajit Pawar government in Maharashtra as it reserved its order on Governor B.S. Koshyari's decision to invite the BJP to form a government in the state for Tuesday.

The top court said the order on Maharashtra will be pronounced on Tuesday at 10:30 a.m. Solicitor General Tushar Mehta, appearing for the central government, told the court that he has "brought letters of support of the BJP, NCP MLAs on which the Governor's decision rested".

Mehta said: "Documents show that NCP leader Ajit Pawar submitted a letter of support of 54 Nationalist Congress Party (NCP) MLAs to the Governor with their signatures."

"According to letter of support of Ajit Pawar on November 22, Devendra Fadnavis staked claim to form government, which also includes letters of support of 11 independents and other MLAs."

The BJP has 105 MLAs in the 288-member House while the NCP had won 54 seats. The BJP claimed that it has the support of 11 independents and others thus taking its number to 170. Mehta also raised preliminary objections to a judicial review of Governor Koshyari's decision on appointment of Fadnavis as Chief Minister and Ajit Pawar as his deputy in a surprise early morning move on Saturday.

Mehta said that "after this, the Governor sent information to the President. Citing this information, he requested for the revocation of President's Rule in the state."

Senior advocate Mukul Rohtagi appearing for the BJP submitted that the Governor had gone with the party with the support of 170 MLAs. Rohtagi said that the others have never claimed that the MLAs' signatures were forged.

The submissions were made in the apex court during the hearing of a petition of the Shiv Sena, Congress and NCP against the surprise government formation by Fadnavis on Saturday morning. Fadnavis was sworn in along with NCP's Ajit Pawar, nephew of NCP supremo Sharad Pawar as his deputy.

Meanwhile, Kapil Sibal appearing for the Congress said that he has affidavit of support of 150 MLAs. He informed the court that pre-poll alliance fell out as BJP did not stick to its promises with the Shiv Sena.

Senior lawyer Abhishek Manu Singhvi also appearing for Congress and NCP said what has been done is a "fraud on democracy".

"How can the Governor rely on signatures of MLAs without covering letter?" Singhvi asked.

Singhvi further said that 148 plus seven independent MLAs gave support in the affidavit. Insisting that the signatures of the NCP MLAs were perjury, Singhvi said, "We want to have floor test today after 155 people are saying we support."

Mehta intervened to Singhvi's submissions, and said, "Twelve signatures were missing when a letter was submitted to the Governor to withdraw Ajit Pawar's authority."