The Supreme Court reserved its order on the case related to Maharashtra government formation for tomorrow. In the hearing today, the Congress-NCP-Shiv Sena combine submitted before the court that they had the support of 154 MLAs, while the BJP claimed they had 170. To prove majority, the BJP will have to ensure the support of 145 out of the 288 MLAs in the assembly. The BJP won 105 seats. The NCP won 54, and the Shiv Sena won 56.
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At the hearing, Solicitor General Tushar Mehta handed over the governor's letter inviting Chief Minister Fadnavis to form the government, along with the statement purportedly containing the signatures of all 54 NCP MLAs in support of Fadnavis. A bench of justices N.V. Ramana, Ashok Bhushan and Sanjiv Khanna, in an urgent hearing on Sunday, had issued notices to Maharashtra Chief Minister Devendra Fadnavis and Deputy CM Ajit Pawar. According to the statement before the governor, the Fadnavis-Pawar government had the support of 170 MLAs. Mehta had also pointed out that the governor's decision was immune to judical review.
Regarding the floor test in the assembly which the NCP-Sena-Congress combine wanted done as soon as possible, Mehta argued that floor test was not the problem, but a party stipulating that it has to be conducted in 24 hours was. "Particular time frame cannot be asked to be implemented on mere apprehension of particular party," he said, reported PTI. Both Mehta and Mukul Rohatgi, who appeared for Fadnavis, rejected any need for an interim order on floor test. Rohatgi explained the process before the floor test: a pro-tem speaker to administer oath to the legislators, an elected speaker, and then the floor test.
Senior Congress leader Abhishek Manu Singhvi, who appeared for the NCP and the Congress, argued for an immediate floor test and raised questions about the NCP MLAs' letter in support of Fadnavis.
On Sunday, senior Congress leader and lawyer for Shiv Sena, Kapil Sibal, had told the court, "The governor advises, and president’s rule is revoked. No cabinet meeting was held. At 8am, the swearing-in happened. What are the facts and on what basis did the governor decide is shrouded in mystery. The 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.”
Mukul Rohatgi, appearing for a few BJP and independent MLAs, said that the court can only order a floor test. The court had rejected BJP's plea to defer the hearing by three days.
BJP's Devendra Fadnavis and NCP leader Ajit Pawar were sworn in as chief minister and deputy chief minister respectively by Koshyari at 8am on Saturday at a hush hush ceremony in Raj Bhavan in Mumbai, leading to the lifting of the president's rule in the state. The BJP was propped up by NCP's Ajit Pawar who revolted against his party headed by his uncle Sharad Pawar.
In the 288-member state Assembly, BJP is the single largest party with 105 MLAs, followed by Shiv Sena, NCP and Congress party having 56, 54 and 44 members respectively.
The Sena, however, broke its three-decade-long ties with the BJP after the latter declined to share the chief minister's post.
