The SC, on Sunday, 24 November, directed Solicitor General Tushar Mehta to produce the Governor’s letter recommending revocation of President’s rule and of inviting BJP to form government in Maharashtra, as well as the letter of support placed by Fadnavis, by 10:30, am on Monday, 25 November.
Appropriate orders will be passed by the Court after reviewing the relevant documents.
A bench of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna also issued notices to the Centre and Maharashtra government on a petition filed by the Shiv Sena-NCP-Congress combine against the Maharashtra Governor’s decision to swear in Fadnavis as chief minister. The court also issued a notice to Fadnavis and Dy chief minister Ajit Pawar.
Senior advocate Abhishek Manu Singhvi, appearing for Cong-NCP, asks how Governor could be satisfied that NCP MLAs supported Ajit Pawar when 41 NCP MLAs at 3:30 pm on Saturday said they didn’t support him and they were the NCP.
“Is this not the murder of democracy?”, Singhvi asked in court.
As the Shiv Sena-NCP-Congress prepared to form a government with Uddhav Thackeray as chief minister, the BJP quietly worked behind the scenes to dramatically turn the tables with help from Sharad Pawar’s nephew Ajit Pawar, who was sworn in as deputy chief minister on Saturday. The alliance had challenged the decision of the Governor to invite the BJP to form government in the state.
Senior advocate Kapil Sibal, appearing for Shiv Sena, cited 2018 Karnataka precedent and the Supreme Court order in the case.
In that case, SC had cut short 15 days given by Governor to BJP for the floor test and asked them to prove majority in 48 hours.
Terming Governor’s actions as biased and malafide, Sibal demanded immediate floor test in Maharashtra.
Shiv Sena, Congress, and NCP in their petition filed on 23 November evening urged that a floor test be conducted within 24 hours.