Shiv Sena chief Uddhav Thackeray addressing media. (Express Photo by Prashant Nadkar)
Maharashtra Govt Formation Highlights: The rift between the BJP and the Shiv Sena seems to be widening as the two parties on Friday held each other responsible for the impasse over government formation. While acting Chief Minister Devendra Fadnavis accused the Sena chief of lying and denied his claims of talks over equitable sharing of CM post, Uddhav Thackeray fired back saying that Amit Shah had agreed to it.
Earlier in the day, Fadnavis catered his resignation to the Governor and was appointed acting Chief Minister as the deadlock over government formation continued. While BJP had claimed that the deadlock will “break any moment”, it’s warring ally Shiv Sena has decided to move its MLAs to The Retreat Hotel in Madh Island. The Congress, on the other hand, has alleged horse-trading by BJP, which the saffron party has vociferously refuted.
The tenure for the present state government is set to expire on Saturday. In the event that no government is formed, President’s Rule would follow. The BJP, which emerged as the single largest party in the October 21 Assembly polls winning 105 seats, and Shiv Sena, which bagged 56 seats, have not staked claim to form the government together or separately till now. The NCP and the Congress won 54 and 44 seats, respectively, in the election to the 288-member assembly where the majority mark is 145.
Devendra Fadnavis with Shiv Sena Chief Uddhav Thackeray. (File Photo)
Senior Congress leaders Ashok Chavan, Prithviraj Chavan, Sushilkumar Shinde arrive at NCP leader Sharad Pawar’s residence on Friday evening.
Hours after Devendra Fadnavis submitted his resignation amid power-sharing talks between BJP-Sena, Opposition leaders huddled at NCP chief Sharad Pawar's residence to discuss the next course of action. Speaking to the media after the meeting at Pawar's residence "Silver Oak", state Congress president Balasaheb Thorat said his party and NCP had not taken any decision about their strategy. "All eyes are now on Governor Bhagat Singh Koshyari," he said, adding that the governor should follow the set precedents in the current situation.
I will not speak to people who have painted me to be a liar. The BJP should stake claim to power. We have other options open before us. The decision about the alliance now rests with the BJP. They should take an oath that they will not lie henceforth: Uddhav Thackeray
When the caretaker CM says that the next government will be of the BJP, I have a doubt on how they will do so with only 105 seats in the assembly: Uddhav Thackeray
We are given the heavy industry ministry in the centre which we did not want and were forced to take. I do not see the BJP as an enemy but they should not lie so much. I have never criticised PM Narendra Modi. You took Udayan Raje in the party. You should check what he has had said about the PM. How is that acceptable to you. I was happy under the belief that two Hindutva espousing parties had come together. However, their hearts have darkened now. I regret joining hands with such people: Uddhav Thackeray
Fadnavis had requested me that the decision of sharing the CM's post should not be made public as he claimed it would create problems for him within the party.
Amit Shah called me the next day and asked me what I wanted. I told them that I wanted an equitable share in the CMs post. He had agreed to it: Uddhav Thackeray
Shiv Sena chief Uddhav Thackeray addressing a press conference said, "I Have been taught by my father to never go back on my word. I am saddened that for the first time a member of the Thackeray family has been portrayed as a liar. They have painted me as a liar. Fadnavis and shah had come to me, during the talks they had said that Sena will get deputy CM's post. I had declined the offer and had walked out then."
Saw the press conference with Sharad Pawar. The Sena was with this government. Uddhav Thackeray will make a statement on what Fadanvis has said today. About the talk of 50:50 formula Uddhav Saheb says that this was discussed and approved. Raut says that in various states where leaders have criticised Narendra Modi the BJP has sat with such parties in power. The Shiv Sena has not criticised the PM or Amit Shah. We have always respected these two. Saying that we used harsh words against them is incorrect, said Sanjay Raut.
Next government will be formed by the BJP. I apologise to the people for not being able to give the state a government. I assure that the BJP will be at the helm of the new dispensation: Fadnavis at press conference
It would be wrong to impose a fresh election on the people of the state now. "The state should get a government. We will take measures to ensure that we do this. People are accusing that the BJP is trying to buy MLAs. I challenge them to prove the accusation. While forming the governemnt we will not indulge in horse trading," said Fadnavis.
The governor has asked me to continue as acting chief minister, said Fadnavis in the press conference. He added that the he won't be able to make any governance decision but will run a caretaker government till the next government is formed.
The BJP respects Bal Thackeray's legacy. We have never made stattements against Bal or Uddhav Thackeray. In the last few days the Shiv Sena have sunk low while criticising our leader Narendra Modi. Even the Congress and the NCP have not criticised the PM the way our ally the Sena has done. If they want to criticise our leaders this way then the question arises as to why we should run a government with such an ally
The talks were stopped by the sena. We were always open to a discussion, the Shiv Sena did not have time for us but had time for the Congress, NCP against whom we had sought votes and come to power. We made communication. The decision to halt talks with us by the Sena is not the right move by the party. The people surrounding Uddhav who are making statements have created a rift between the two parties
The issue of holding CM post for 2.5 years by Shiv Sena, I'm clearly saying this discussion had not cropped up earlier. In front of me such a demand or discussion by Shiv Sena earlier. There could probably have been a discussion in Sena. We have still not made any decision on the rotational CM demand by Sena. I've spoken to Uddhav on phone and tried to discuss it, but not managed to come to a concensus. I am hurt by Uddhav's "options open" comment.
BJP-Shiv Sena mahayuti has managed to gather 160 seats. BJP bagged 105 seats and has been the single largest party in the state. Our strike rate this time has been about 70%. This election mandate is due to our work in the past five years. Unfortunately the day the results came out we recieved less seats. In the first PC Uddhav Thackeray had said that all his doors for governemnt formation were open. This statement was a setback for us and we had a question on why he said that when we had fought elections together as an alliance. On the issue of holding CM post for 2.5 years by Shiv Sena, I'm clearly saying this discussion had not cropped up earlier.
I ran the government in a transparent manner and took the state ahead in all development parameters, said Fanavis adding, "I was given the responsibility to serve the people of Maharashtra for the past five years. With the help of people, I've successfully been able to undertake a number of projects as far as the work of the airport, metro and development is concerned during my tenure."
Addressing the media, Devendra Fadnavis said that he has submitted his resignation and the Governor has accepted it. He thanked PM Modi and BJP workers for their support during his term and said, "I want to thank Modi ji, all party workers and people who have worked with me in the government. I also want to thank Shiv Sena for their support in working the alliance in the state."
Fadnavis resigns from CM post, hands over letter to Governor. He is set to brief media next.
Shiv Sena party secretary has written to Mumbai Police Commissioner Sanjay Barve requesting security for newly elected party legislators and Independent MLAs who have extended support to Sena. Narvekar wrote that legislators will stay at The Retreat Hotel in Malad from November 8-15. The MLAs are being kept together as they might meet Sena chief Uddhav Thackeray several times during their stay.
CM Devedra Fadnavis has reached Raj Bhawan to meet the Governor over the deadlock and the government formation. He is set to brief media at 4.30 pm.
The outgoing Maharashtra assembly formally disssolves at 12 midnight. Fadnavis may announce his resignation as CM in the press conference. He could also pacify the Shiv Sena which has been hurt over his statement that the equal distribution of the CM post between both parties was never discussed
Chief Minister Devendra Fadnavis is set to give a briefing over the caretaker government which comes into being if the deadlock over next government formation does not end by tonight. The briefing is set to take place at 4.30 pm.
Union minister Ramdas Athawale on Friday met Pawar here "to seek his advice" on ending deadlock over government formation in Maharashtra. Speaking to reporters after the meeting, Pawar suggested the BJP and Shiv Sena through Athawale to respect the "clear cut majority" people have given them. The Shiv Sena won 56 seats, NCP 54 and Congress 44 in the 288-member House.
Two Maharashtra ministers and BJP leaders who were denied tickets for the last month's Assembly polls on Friday met their senior party colleague and Union minister Nitin Gadkari here. Higher and Technical Education minister Vinod Tawde and Power and Excise Minister Chandrashekhar Bawankule met Gadkari at the latter's Worli residence. (PTI)
NCP chief Sharad Pawar said that there might be a President rule in Maharashtra but no fresh polling. He said, "People gave "clear cut" mandate to BJP-Shiv Sena and their allies, for how long can President, Governor wait; they will have to take some decision. Don't know why Maha governor not calling single largest party to form the government. President rule, may be but no fresh polls in Maha anytime soon."
Senior BJP leader Sudhir Mungantiwar rubbished the allegations of horse-trading against the BJP calling them baseless in order to tarnish the party's image.
"Anybody in Congress who alleges BJP is luring them to defect by offering money they should expose the call record. All such charges are baseless to tarnish BJP'S image," he told reporters.
Responding to whether BJP will claim a stake of the government formation with Sena, Mungantiwar remained hopeful and said the dialogue is at various levels and the deadlock will break any moment.
"There was no rethinking regarding the CM's post. Devendra Fadnavis will be the CM. The BJP has already appointed Fadnavis as state legislative party leader," he said.
The Shiv Sena has decided to move its MLAs to The Retreat Hotel in Madh Island as party legislators complained about poor facilities at Rang Sharda Hotel, a three-star hotel in suburban Mumbai.
"Around 30 rooms have been booked in Rang Sharda and two legislators have been put in one room. Hotel management didn't provide us more rooms due to unavailability. Also, there is no cleanliness in rooms," said a Sena legislator.
Party sources told The Indian Express that Sena chief Uddhav Thackeray is likely to arrive at Rang Sharda to speak to the legislators before they leave for another hotel.
On Thursday, Sena had herded all its legislators into Rang Sharda, a three-star hotel in suburban Mumbai, less than four kilometers from the party headquarters.
Refuting allegations of horse-trading in Maharashtra, the BJP said such practice is not part of the party's culture. State BJP spokesperson Keshav Upadhye said, "There is no question of the BJP going for horse-trading as it is not our culture."
Upadhye's reaction came after Congress leader Vijay Wadettiwar alleged sums of "Rs 25 crore to Rs 50 crore" were being offered to MLAs to switch sides in Maharashtra.
"The Congress some decades back had won more than 200 seats. In the last few elections, the party has not been able to perform well and this time it could not even win 50 seats.
"It is their frustration that is pushing them to make baseless allegations," the BJP spokesman said.
-PTI inputs
As BJP mulls over its two options — one being where CM Fadnavis runs a caretaker government for the next 15 days if the deadlock continues — legal experts opine that such a government cannot run indefinitely as it would be against the spirit of the Indian Constitution.
Anant Kalse, former Secretary, Maharashtra Legislature said the concept of the caretaker government is not mentioned in the Constitution and the Governor will have to take a decision in case there are no claimants and will have to send an appropriate report to the President recommending President's rule. He stated that the concept of a caretaker government was germinated during the tenure of Charan Singh government.
Kalse said the caretaker government can not take any policy decision. "It will have to take only routine decision. But the caretaker government cannot continue for long," he said.
However, former State advocate general Shrihari Aney held a different opinion stating that the caretaker government can continue till the next elections are held. "There is no rule that the caretaker government cannot continue even after November 9 when the term of the present Assembly ends. However, there are some legal limitations and Supreme Court rulings for its continuation...it cannot continue indefinitely," he said.
BJP leader and Union Minister Nitin Gadkari on his arrival to Mumbai said he will not intervene to break the deadlock between his party and Shiv Sena, PTI reported.
"I am not meeting any politician today. I am here to attend a public function today evening," he told reporters in Mumbai.
Gadkari's visit triggered speculation that he may step in to break the fortnight-long BJP-Sena logjam over sharing the chief minister's post, which is delaying goverment formation in the state.
On Thursday, Gadkari has said as BJP is the single largest party, it is natural for CM Fadnavis to form the government.
-PTI inputs
Shiv Sena party president Uddhav Thackeray along with Adity reach Sena Bhavan. Eknath Shinde and Sanjay Raut too reach the party headquarters. (Express photos by Prashant Nadkar)
Maharashtra Congress leader Nitin Raut too confirmed reports of BJP approaching Congress' MLAs with money and claimed to stop any horse-trading pattern, ANI reported.
"There were reports that some Congress MLAs were approached by BJP leaders with money. Yesterday one or two of our MLAs were offered around Rs 25 crore. We will do our best to stop the horse-trading pattern that started in Karnataka," Raut said.
The Congress has alleged that sums of "Rs 25 crore to Rs 50 crore" were being offered to MLAs to switch sides in Maharashtra. Congress leader Vijay Wadettiwar claimed the MLAs too, have been contacted over the phone with such offers.
"Our MLAs are also being contacted. Attempts are being made to lure away MLAs with offers of Rs 25 to Rs 50 crore," he alleged while talking to reporters in Mumbai.
"We have told our MLAs to record such calls so that people of the state know about them," he said.
-PTI inputs
The NCP has accused the BJP of pushing Maharashtra towards President's rule and wanting to run it through Prime Minister Narendra Modi and the NDA constituent's chief Amit Shah. NCP chief spokesperson Nawab Malik also said the people of Maharashtra will not tolerate this "insult" of the state. "The BJP wants to run Maharashtra through Modi and Shah from Delhi by pushing the state towards President's rule. People will not tolerate this insult of Maharashtra. It is carved in history that Maharashtra doesn't bow before Delhi. Jai Maharashtra," Malik tweeted.
Shiv Sena leader and party's spokesperson Sanjay Raut said Uddhav Thackeray stands firm on his demand to not share the CM's post and referring to Hindutva leader Sambhaji Bhinde's intention to meet the party chief, he said there is no need for a negotiator, ANI reported.
"There is no need of a negotiator. Shiv Sena chief is firm on his demand. This issue is between Sena and BJP and others shouldn't come into it," Raut said.
Bhinde had come o Matoshree, the residence of Sena chief Uddhav Thackeray, on Thursday with a message from the BJP to negotiate on government formation talks.
“He had come with a message from the BJP to negotiate. If he wants to tell something, then he should tell it to BJP and not us. Why should we compromise every time? So, we told him to go to BJP and tell them something,” a senior Sena leader said, adding that he could not meet Uddhav.
Amidst speculation that Congress may shift its MLAs to Jaipur, Congress leader and Leader of Opposition in Maharashtra Assembly Vijay Wadettiwar Friday confirmed the party has not moved its MLAs to any place, ANI reported.
"We have not moved our MLAs anywhere, all our MLAs are at their locations. If some of our MLAs have gone to any place it might be a personal visit," Wadettiwar said.
Earlier today, Congress had convened a meeting of its newly-elected MLAs in Mumbai, which all 44 MLAs were scheduled to attend.
As the impasse over government formation continues in Maharashtra, Shiv Sena leader and MP Sanjay Raut said BJP should not misuse the provision of a "caretaker" government.
Party insider told The Indian Express on Thursday that the party is mulling two options — either to form a BJP-Sena government through compromise or Fadnavis runs a caretaker government for the next 15 days if the deadlock continues.
He further said Maharashtra CM Devendra Fadnavis should resign as a term of the existing assembly is ending.
-PTI inputs
Shiv Sena's leader and MP Sanjay Raut Friday said the BJP should approach us only if they agree to the Chief Ministerial post for the Sena, PTI reported.
"If President's rule is imposed in the Maharashtra, it will be disrespect to people of the state," ANI quoted him as saying.
Party sources told The Indian Express the BJP is mulling two options: to form a BJP-Sena government through compromise or let Fadnavis run a caretaker government for the next 15 days if the deadlock continues. In the event that no government is formed, President’s Rule would follow.
Amidst the standoff, Congress has convened a meeting of its newly-elected MLAs in Mumbai. State Congress president Balasaheb Thorat and other senior leaders will be present at the meeting which will take place around 10.30 am, PTI quoted party sources as saying.
All 44 Congress MLAs are scheduled to attend the meeting, which is expected to discuss the prevailing political situation in Maharashtra where there is no sign of the new government even two weeks after declaration of polls results, they said.
Speculation is rife that the Congress legislators may be shifted to Jaipur.
-PTI inputs
Article 356 of the Constitution provides for the imposition of President’s Rule in a state in “case of failure of the constitutional machinery in the state”. As per the constitutional stipulation, it can be imposed in cases where the President, on receipt of report from the Governor of the state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
In Maharashtra’s current case, imposition of the President’s rule is still a remote possibility. According to legal experts, Governor Koshyari would first need to exhaust all options and possibilities of government formation before making any such recommendation. He will first have to hold consultations with all parties to examine if any one of them is in a position to cobble together the numbers required. Only after he is satisfied that no party or alliance can form a stable government would he recommend imposition of President’s rule.
In the event that the BJP is unable to form the government, both the Congress and the NCP camps in the state have dropped several hints that they would be willing to prop up a government formed by the Shiv Sena. In Maharashtra’s 59-year-long history, President’s rule has only been imposed twice — for 112 days between February and June 1980, and for 33 days between September and October 2014.
Any government formation will have to involve the BJP or the Shiv Sena, or both. Once any formation is sworn in, it will need to pass the floor test, which will reveal whether the executive enjoys the confidence of the legislature as mandated by the Constitution. In the floor test, the person sworn in as the CM has to prove that s/he enjoys the confidence of the House. If the confidence motion fails, the Chief Minister has to resign. If more than one person stake claim to form the government and the majority is not clear, the Governor has the powers to call a special session to assess who has the majority. The date for the floor test is decided by the Governor in consultation with the new government.
In 2014, the BJP, which had 122 members, had passed the floor test on a voice vote amid din and controversy, becoming the only instance in the state’s history when a minority government was sworn in. The Shiv Sena, then the principal Opposition party, later joined the Fadnavis government.
Out of 288 Assembly seats, the BJP has the highest number (105) but is nowhere near the halfway mark of 144. The Shiv Sena has 56 seats. The NCP and the Congress have 54 and 44 seats, respectively. While the BJP has been reaching out to independents and smaller parties, it still doesn’t have the numbers to form the government without the Sena’s support. And while the Sena has been eyeing the CM’s post, it is not in a position to form the government without the BJP either, unless both the Congress and the NCP prop up a government formed by the Sena.
According to sources, Governor Koshyari has already begun holding consultations with representatives of major political parties regarding government formation. On Thursday, a BJP ministers’ delegation held discussions with him.
Sources said the Governor would be expected to go as per an order of preference set out in the Sarkaria Commission recommendations, which have also been ratified by the Supreme Court. By the order of preference, the Governor can invite 1) a pre-poll alliance of parties; 2) invite the single largest party which stakes a claim to form government; 3) invite a post-poll alliance of parties, with all the partner in the coalition joining the government or 4) invite a post-poll alliances of parties, with some becoming part of the government and some supporting from outside.
The Opposition and even Shiv Sena leaders have been demanding that the Governor invite the BJP, the single largest party, to form the government. So far the BJP’s strategists have been reluctant to stake claim without the Shiv Sena’s support. Incidentally the Governor can only summon the new House for the first sitting only after a new government is sworn in and the Cabinet has suggested a suitable date. The process of swearing-in of the newly elected members and appointment of the new Speaker can be held thereafter.
On Thursday, Advocate General Ashutosh Kumbhakoni met the Governor to “advise the Governor on the legal and the constitutional options besides precedents available before him to explore all the possibilities regarding the next government’s formation:.
While the existing Legislative Assembly will cease to exist post November 9, legal experts noted that there is no binding that the government should be in place by that day. The Election Commission of India published a notification on October 25, convening the newly elected Assembly.
On Thursday, CM Devendra Fadnavis and senior party leaders explored the options before the party and also held consultations with legal and constitutional experts on implications if the government was not formed before November 9. At present, with the support of 15 Independent MLAs, BJP can reach the figure of 120 members. It still needs 25 more to reach the magic figure of 145.
Meanwhile, Shiv Sena chief Uddhav Thackeray held out a threat to BJP and said if it formed the government without Sena, it would be the end of the saffron alliance.
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