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Maharashtra Government Formation: Key takeaways from the Supreme Court hearing on Sunday

Following the political chaos yesterday, Following this, a writ petition was filed in Supreme Court against the centre's move to end President's Rule and the Governor's move. Justice NV Ramana, Ashok Bhushan and Sanjiv Khanna heard the petition.

Maharashtra Government Formation: Key takeaways from the Supreme Court hearing on Sunday
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The political scene in Maharashtra has been nothing short of a suspense thriller with a new twist in the tale appearing now and then. On Friday evening, everyone went to bed with the news that Shiv Sena, Congress and NCP have managed to draft the Common Minimum Program and Uddhav Thackeray would be taking over as the new Chief Minister of the state.

However, that was not the case as of Saturday morning. At 5:47 AM, the President’s Rule was called off from the state with the sign-off from President Ram Nath Kovind. At 7.50 am, in the presence of Governor of Maharashtra, Devendra Fadnavis took oath as the Chief Minister of the state for the second time while Ajit Pawar from NCP took oath as Deputy CM. A handful of NCP members attended this swearing-in ceremony only to later claim that they were tricked into attending it.

Following this, a writ petition was filed in Supreme Court against the centre's move to end President's Rule and the Governor's move to invite Devendra Fadnavis to form the government. The hearing was scheduled at 11:30 AM on Sunday and a three-judge bench of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna heard this the petition.

Kapil Sibal

The proceeding started with Congress Leader Kapil Sibal chalking out how the things unfolded right from the elections results till today.  He apologized to the court for making them sit on a Sunday and while taking the court through the incidences as they unfolded questioned why none of the documents was in public record. He even went on record to say that Devendra Fadnavis and Ajit Pawar were sworn in a “bizarre manner” and urged the floor test should be conducted today itself.

Abhishek Manu Singhvi

Abhishek Manu Singhvi who was appearing on behalf of Congress-NCP-Shiv Sena's plea also urged to have the floor test today or tomorrow. He even pointed out that, “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.”

He further added, “The NCP had a meeting yesterday (Saturday) removing Ajit Pawar expelling him from the post. Out of 54 (NCP) MLAs, 41 have signed it and was given to the Governor this morning (Sunday). How can Ajit Pawar be Deputy Chief Minister when 41 NCP MLAs have said that [they] we are with NCP and we don't recognise him as NCP leader anymore."

Mukul Rohatgi

Mukul Rohatgi appearing for Maharashtra BJP in Supreme Court, on the other hand, argued that there was no need to have a hearing on a Sunday and as per him this matter should not have been listed. He asked that two or three days’ time must be given. He said, “If they had the support they should have formed the Government in 17 days. Governor action is immune and he must be satisfied.” He even reminded the court that Governor Decision can't be under judicial review.

Solicitor General Tushar Mehta

Solicitor General Tushar Mehta also made an appearance in court on behalf of the Centre, and he claimed that the alliance do not have the numbers to form the govt and their plea can't be allowed.


Key takeaways from Supreme Court hearing:

  • SC has issued a notice to parties. The hearing will resume on Monday, November 25, 2019, at 10:30 AM.
  • BJP will have to produce the signed letter in which NCP leaders had extended their support tomorrow. The court has offered 24 hours breather for BJP and Ajit Pawar.
  • Floor test in Maharashtra wouldn't be conducted on an immediate basis.
  • Supreme Court will be examining the Governor’s decision
  • There will be a judicial review of Governor’s call to appoint Devendra Fadnavis as Chief Minister of Maharashtra
  • Both Devendra Fadnavis and Ajit Pawar will also have to respond tomorrow
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