The Supreme Court on Sunday issued notices to the the Centre and Maharashtra government on a petition filed by the Shiv Sena, NCP and Congress against the governor's decision to swear in Devendra Fadnavis as chief minister.
A bench of justices N.V. Ramana, Ashok Bhushan and Sanjiv Khanna also issued notices to Maharashtra CM Fadnavis and Deputy CM Ajit Pawar.
The apex court has asked the Solicitor General Tushar Mehta to produce the letter by the Governor Bhagat Singh Koshyari inviting the BJP to form the government and the letter of support by Fadnavis. The court also said that it will pass the final order at 10.30 am on Monday. It will also take a call on timing of the floor test.
The apex court had agreed to have an urgent hearing on a petition filed by the Sena-NCP-Congress combine, demanding that the BJP face a floor test if it had the numbers, while accusing Governor Koshyari of bias for swearing-in Fadnavis as the CM.
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“Governor advises and President’s Rule is revoked, no cabinet meeting was held. At 8 am, the swearing-in happened. What are the facts and on what basis did the governor decide is shrouded in mystery,” Senior Congress leader and lawyer for Shiv Sena Kapil Sibal said as he added that the governor's decision was bizarre and that he has never seen such things in Indian democracy.
Sibal and A.M. Singhvi, appearing for the combine, told the bench that floor test be conducted today itself so that it can be ascertained that Fadnavis enjoys majority in the house.
“Supreme Court has consistently ordered floor tests to be held immediately whether it’s in UP in 1998 or Karnataka in 2018. May the best person win, let’s have the composite floor today or tomorrow,” he argued.
Mukul Rohatgi, appearing for a few BJP and independent MLAs, said that the court can only order a floor test. He added that the governor's decision is immune to judical review.
Based on Sunday's proceeding, the Supreme Court will review the governor's decision to appoint Fadnavis as CM. The court rejected BJP's plea to defer the hearing by three days.
