As Maharashtra political drama continues to unfold, with Shiv Sena-NCP-Congress putting up a show of strength, the Supreme Court is set to pronounce its verdict on plea filed by the trio challenging Governor Bhagat Singh Koshyari’s decision to swear in BJP’s Devendra Fadnavis as Chief Minister and Ajit Pawar of NCP as the Deputy Chief Minister of the state.
In their joint plea, the three parties have urged the top court to order an immediate floor test. The three-judge bench headed by Justice N V Ramana will pass the order on the issue at 10.30am. The bench, also comprising Justices Ashok Bhushan and Sanjiv Khanna, Monday had said: “The question today is whether the Chief Minister enjoys the majority of the House.”
In a show of strength on Monday the NCP-Congress-Shiv Sena alliance claimed that they are 162 MLAs. NCP chief Sharad Pawar tweeted, “We will immediately remove those who are in power through illegal means. The belief that we can create governments in Maharashtra that implement the decisions we make together, go the way of truth and democracy and establish a parliamentary path. The smell is giving you away. #WeAre162”
Sharad Pawar addressed a joint meeting of the MLAs of ”Maha Vikas Aghadi” comprising the Shiv Sena, NCP and Congress 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.
The NCP chief added that he had consulted several constitutional and legal experts and also gone through previous instances on the issue of technicalities. “I have come to the conclusion that Ajit Pawar, who is removed from his position (as the NCP legislature party leader for joining hands with the BJP in forming a government), has no legal right to issue a whip to MLAs,” Pawar said.
“I personally take the responsibility that your membership of the House will not become null and void. People who have acquired power illegally have to be removed now,” Pawar said apparently referring to the BJP. Shiv Sena chief Uddhav Thackeray, speaking at the event, asked the BJP to “make way” for the Sena-NCP-Congress alliance to rule Maharashtra.
Those present were at the parade were Congress leader Ashok Chavan, who said, “We are more than 162, not just 162. We all will be a part of the government. I thank Sonia Gandhi who allowed for this alliance to stop BJP.” “The governor should invite us to form government,” he said.
However, senior advocate Mukul Rohatgi appearing for Fadnavis and some BJP MLAs on Monday said the situation in Maharashtra was “quite different from Karnataka” where the Supreme Court had asked the B S Yediyurappa government to prove its majority on the floor of the House in 48 hours. On behalf of Fadnavis, Rohatgi said the timing and modalities for the floor test should be left to the House. Representing NCP and Congress, senior advocate Abhishek Manu Singhvi countered the plea seeking more time to file a reply and said, “We are happy to lose on the floor of the House. The proof of the pudding lies in the eating… You don’t want an early floor test and we know why.”
In a similar situation in Karnataka, BS Yediyurappa was sworn in as the Chief Minister in May 2018 after the BJP emerged as the single-largest party but fell short of a majority.