Mumbai | Jagran News Desk: The Supreme Court on Sunday issued notice to Centre, Maharashtra government, Devendra Fadnavis and Ajit Pawar on Congress-NCP-Shiv Sena's plea and asked Solicitor General Tushar Mehta to produce relevant documents from Governor’s letter for inviting BJP to form government and letter of support of MLAs by 10.30 am on Monday.
The top court further said that appropriate orders will be passed on Monday adding that plea of Shiv Sena, NCP and Congress to direct early floor test has to be considered.
The order was passed by a Bench of Justices NV Ramana, Ashok Bhushan, and Sanjiv Khanna, which assembled on a Sunday to hear the petition filed by Sena-NCP-Congress who challenged the Governor decision to invite the BJP to form the government in Maharashtra.
The trio on Sunday told the apex court that Devendra Fadnavis and Ajit Pawar does not have the numbers to prove majority on the floor of the House.
"If Devendra Fadnavis has numbers to prove majority, let him prove it on floor of House, else we have numbers to form government in Maharashtra," senior advocate Kapil Sibal, appearing for the combine, said while adding that November 30 deadline given by the Governor to the ruling party to prove majority is meant to do 'something else'.
Meanwhile, senior advocate AM Singhvi -- also appearing for the combine -- submitted the court that 41 MLAs of NCP are with Sharad Pawar.
"It is a complete 'betrayal and annihilation' of democracy where government has been allowed to be formed when 41 NCP MLAs are not with them, " he submitted.
However, Solicitor General Tushar Mehta, appearing for the Centre, told the court that political parties do not have fundamental right to form government and their plea can't be allowed while senior advocate Mukul Rohatgi -- apearing for the Maharshtra BJP -- said how can a political party approach apex court under Article 32 for violation of Fundamental Rights.
"They (three parties) were given time but they did not form government, so let Fadnavis prove majority as there was no tearing hurry," he said.
After the hearing concluded, the Congress said that the government formed by the BJP under Devendra Fadnavis is ‘illegitimate’ and the party will prove it in ‘floor test’.
"I am thankful to the court that they heard our petition even though it was a Sunday. Tomorrow, the matter will be heard again at 10:30 am. The Fadnavis government is illegitimate. Before any horse-trading happens, the floor test should happen," said former state Chief Minister and senior Congress leader Prithviraj Chavan.
Sunday's hearing comes after the BJP, along with Ajit Pawar, formed government in the state and ending the month long impasse in the state. However, the Shiv Sena-NCP-Congress filed a writ petition in Supreme Court against Governor Bhagat Singh Koshyari for inviting Devendra Fadnavis to form the government.
In their plea, the trio alleged that the Governor’s invite to Fadnavis to form the government and the oath-taking ceremony was illegal and sought quashing of his decision to swear-in him as CM.
(With PTI inputs)
Posted By: Aalok Sensharma