New Delhi, Nov 13: The hearing is underway in the Supreme Court regarding Shiv Sena’s petition challenging Maharashtra Governor’s decision to not extend the time given to the party to prove their ability to form the government.
Advocate Sunil Fernandez has filed the plea for the Shiv Sena.
Sena, the second single-largest party in the state with 56 MLAs, was invited by Governor in Maharashtra to indicate the willingness and ability of his party to form the government in Maharashtra by Monday evening but it failed to show strength.
Governor Bhagat Singh Koshyari had earlier invited the BJP, the single largest party in Maharashtra with 105 MLAs, to stake claim to form the government but it declined the invitation as it was 40 short of a clear majority mark of 145.
The Shiv Sena on Tuesday moved the Supreme Court challenging the Maharashtra governor’s decision of not granting it three days to submit the letter of support for government formation in the state but failed to get an urgent hearing in the matter.
The Shiv Sena has sought a direction from the apex court to quash the Governor’s decision, taken on Monday, of not giving it the opportunity to prove majority on the floor of the House.
In a petition, filed through advocate Fernandes, the party claimed it was invited to form the government on Monday and had indicated its willingness to do so on Tuesday.
The governor’s decision is unconstitutional, discriminatory, unreasonable, capricious and mala fide, the party said in the plea, adding that “the governor can’t act in a manner to only suit the majority political party” at the Centre or act on the central government’s “diktats”.
“The petitioners are constrained to move the writ petition under Article 32 of the Constitution seeking urgent reliefs against the arbitrary and mala fide actions of the Maharashtra governor who in hot haste has on November 11 refused to grant even three days time to the petitioner to demonstrate that it has the requisite majority to form government in the state,” according to the plea.