SC ruling can change game - India Today

The legal battle over the floor test for power in Maharashtra will come to an end on Tuesday as the special bench of the Supreme Court will pass its judgment on the plea by the Sena-NCP-Congress combine.

After a special hearing on Sunday, the special bench of Justices - NV Ramana, Ashok Bhushan and Sanjiv Khanna - heard the detailed argument on Monday. Denying allegations of "bias and malafide" raised by the allied parties, the office of the Governor of Maharashtra told the court that his decision was based on the signed letter of support given by NCP leader Ajit Pawar.

"The issue to be considered is whether the court can substitute the decision taken by the governor," argued Solicitor General (SG) Tushar Mehta, appearing for the Governor's office. Mehta informed the court that the letter sent by Devendra Fadnavis to Governor BS Koshyari on Friday (November 22) included a letter of support by the NCP legislative party leader, Ajit. The letter, as read out by Mehta, notes that Fadnavis, as leader of the BJP, had support of 105 BJP MLAs, 11 Independent and 54 NCP MLAs. "The Governor noted that Fadnavis has shown support of 170 MLAs. Governor in his wisdom invited the largest party to form the government. He does not have to go into a fishing inquiry. He could not have any other information, when leader of a party has given letter," said the SG.

Attacking the allegations of the combine, Mehta also justified the decision of the Governor to not hold an immediate floor test. "The court is being told about possible horse-trading but in this case the Governor thought maybe the whole stable has been stolen" the SG argued, saying that while the Governor was aware that "there is some sort of welding going on outside", no communication was sent to him about the combine staking claim to government. When Justice Khanna pointed out that precedent cases show that orders were passed to hold floor test in 24 hours, the SG argued that such an order would be "constitutionally barred".

"That's the Governor's decision. Can the court decide what agenda will be taken in the house? Constitutionally it is barred. Court can't monitor proceedings inside the house," argued the SG. Senior advocate Mukul Rohatgi, appearing for CM-elect Fadnavis on Monday, said that the Governor had "given 14 days to prove majority".

Meanwhile, senior advocate Kapil Sibal, appearing for the Shiv Sena, told the court that the actions of the Governor and the Centre were "obviously malafide". AM Singhvi, representing the NCP, also told court that the signatures submitted by Ajit were "incorrect" as the party had not passed any resolution. "We have given a letter to the Governor yesterday saying that Ajit Pawar has been removed from post of CLP leader. The letter does not have a covering letter. I have signed affidavits from 48 MLAs saying we don't support Ajit Pawar," Singhvi told court. Sibal also called out the Prime Minister, Narendra Modi, and the Governor over the timing of withdrawing the President's rule, and the oath taking of Fadnavis and Ajit.

ALSO READ: Won't support BJP: Shiv Sena, NCP, Congress MLAs take pledge ahead of crucial SC Maharashtra ruling

ALSO WATCH: MLA Bazaar in Maharashtra: Sena-Cong-NCP to parade all 162 MLAs at 7 pm today

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SC ruling can change game - India Today
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