New Delhi: The Supreme Court on Sunday directed Solicitor General Tushar Mehta to produce relevant documents including two letters- the one which was submitted by Chief Minister Devendra Fadnavis to Maharashtra Governor and the other of BS Koshayari inviting BJP to form a government. The court has asked Mehta to produce the letters by 10.30 am on Monday, following which it will pass an ‘appropriate order’.
Besides, a Bench of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna issued notice to Fadnavis, his deputy Ajit Pawar, the state and the Central government. Notably, the top court was hearing a petition filed by Sena-NCP-Congress against Maharashtra governor Koshyari’s decision to swear in BJP’s Fadnavis as chief minister. In their plea, the parties had sought floor test within 24 hours to avoid ‘further horse-trading’.
“At 5.17 AM yesterday President’s Rule was revoked and at 8am 2 persons sworn-in as CM & Deputy CM. What documents were given? “When somebody had announced at 7 pm that we are forming govt, the act of Guv is biased, malafide, contrary to all laws established by this Court”, veteran Congress leader Kapil Sibal, representing the Shiv Sena, told the apex court.
“If BJP has majority,let them prove in assembly. If they don’t, let us stake the claim,” Sibal stated demanding an immediate floor test. He added that the people of Maharashtra need a government. “When we are saying we have the majority we are ready to show it. We are ready to show the majority tomorrow”, Sibal told the SC.
Responding to Sibal, senior counsel Mukul Rohatgi, appearing for Maharashtra BJP asserted that matter (Shiv Sena-NCP-Congress’ plea) should not have been listed in the top court. “I don’t know why there is hearing on Sunday, there should not be any hearing on Sunday”, said Rohatgi.
“There are some things that are with the President which are not even open to judicial intervention. There is no need for court to pass order today. There was no illegality in Governor decision. Court should not pass order to fix date of floor test. The three parties here have no fundamental rights,” the former attorney general argued in the Supreme Court.
About Sena-NCP-Congress Joint Plea
The Sena-NCP-Congress knocked the door of the Supreme Court yesterday, hours after Devendra Fadnavis took oath as the Maharaashtra CM for the second consecutive term with the support of Ajit Pawar. They filed a petition in the apex court seeking an immediate floor test to ‘avoid horse-trading and illegal manoeuvres’ in Maharashtra.
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”.