Maharashtra government formation: Shiv Sena doesn’t mention plea in Supreme Court

Maharashtra government formation: Shiv Sena doesn’t mention plea in Supreme Court

The Shiv Sena did not mention its petition in the Supreme Court of India (SC), on November 13, challenging the Governor’s decision of not granting it three days’ time for getting letter of support for government formation in Maharashtra.

Sunil Fernandes, the lawyer representing Shiv Sena in the apex court told news agency PTI that the party had preferred not to mention the petition.

Fernandes, who had filed the petition on behalf of the Shiv Sena, had said on November 12 that the Supreme Court had asked them to mention the writ petition at 10.30 am on November 13.

The lawyer said another petition challenging the imposition of President’s Rule in the state was being readied.

The Shiv Sena had, on November 12, moved the apex court challenging the Maharashtra Governor’s decision but failed to get an urgent hearing in the matter.

The Sena had sought a direction from the apex court to quash the Governor’s decision of not giving it the opportunity to prove majority on the floor of the House.

The party had claimed it was invited to form the government on November 11 and had indicated its willingness to do so on November 12.

In the petition, the Sena had contended that the Governor’s decision was violative of Articles 14 of the Indian Constitution.

The plea had said the governor’s decision rejecting the claim of the Shiv Sena, which is the second largest party with 56 MLAs, to form government is “ex facie arbitrary, unconstitutional and violative of article 14”.

The Shiv Sena was invited to form the state government on November 10 and the petitioner had indicated its willingness to form the government on November 11, it said

In the 288-member Legislative Assembly, the BJP emerged as the single largest party but fell short of the majority of 145 by 40 seats.

The Shiv Sena, which was a Bharatiya Janata Party (BJP) ally, garnered 56 seats. While the Nationalist Congress Party (NCP) had 54 seats and Congress had 44.

In the petition, the Shiv Sena had made the ministry of home affairs, the Maharashtra government and the Sharad Pawar-led NCP as respondents.

The petition had said as per constitutional conventions and practices, the governor is duty-bound to allow reasonable time for political parties to conclude their negotiation on government formation and not act as an “agent or mouthpiece of the central government”.

The governor has to allow reasonable time to political outfits to present the conclusion of their negotiations before taking a decision to reject any claim to form government, it said.

The Union Cabinet, on November 12, recommended President’s Rule in Maharashtra even as top leaders from the NCP, Congress and Shiv Sena held a flurry of consultations in a bid to tot up the numbers and resolve the impasse over government formation in the state since the Assembly polls in October.

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