The Supreme Court has ordered for a floor test in Maharashtra assembly tomorrow. The crucial test, which will be done through an open ballot, will ascertain whether Chief Minister Devendra Fadnavis enjoyed majority, as the Shiv Sena, the NCP and the Congress put up a public show of strength to claim they have the numbers to form a new government. 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. A pro-tem speaker, appointed by the governor, will administer oath to the elected legislators.
The Supreme Court had reserved its order on the case related to Maharashtra government formation for today. In the hearing on Monday, 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.
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.
162 MLAs of the 'Maha Vikas Aghadi', comprising the Shiv Sena, the Nationalist Congress Party (NCP) and the Congress, assembled for a joint 'parade' at a luxury hotel in suburban Mumbai on Monday, and took an oath not to fall prey to any inducements by the BJP. Sena chief Uddhav Thackeray, NCP supremo Sharad Pawar and Congress leader Ashok Chavan were among others present.
Pawar addressed a joint meeting of the MLAs of the Maha Vikas Aghadi at the five-star hotel. The NCP chief said BJP has tried unconstitutional ways to gain power in Goa and some other states. "Maharashtra is not Goa and it is time to teach them a lesson," Pawar said. "A misinformation is being spread that Ajit Pawar is the NCP's legislature party leader who would issue a whip to all [NCP] MLAs to vote for the BJP [in floor test]. It is being said that whoever defies the whip would lose his membership of the House," Pawar said.
