On Sunday, the court held an urgent hearing on a plea filed by the Sena-NCP-Congress, challenging the Governor’s decision to recommend revocation of President’s Rule and invite Devendra Fadnavis to form the government.
Appearing for the Sena, Senior Advocate Kapil Sibal said the BJP-Sena pre-poll alliance had broken down, and hence the question involved was of a post-poll alliance. He referred to the chain of events — from the declaration of Assembly poll results, to the break-up of the BJP-Sena coalition, and the Sena-NCP-Congress alliance holding a press conference on the evening of November 22, wherein it was announced that Uddhav Thackeray would be the Chief Minister candidate.
Senior Advocate Abhishek Manu Singhvi, appearing for the NCP and Congress, said the Governor had the obligation to satisfy himself on the basis of written documents, whether they had the signatures of MLAs, and had to physically verify these.
Both Sibal and Singhvi cited the Supreme Court’s 2018 ruling in the case of Karnataka, and said BJP leader B S Yediyurappa had been given only 48 hours to prove majority.
Solicitor General Tushar Mehta, who had been served a copy of the petition, said he was not representing the Governor or the state, and added that the question was whether the petitioners should have first moved the High Court.
The BJP hit back at the Shiv Sena-Congress-NCP combine over their show of strength at a hotel on Monday evening and said his party will win the "photo finish" race during floor test in the assembly. BJP leader and former minister and Ashish Shelar taunted the Sena-NCP-Congress for "identification parade" of their MLAs and termed it as a cruel joke on the people of the state and democracy.
Shiv Sena MPs on Monday met Congress president Sonia Gandhi and told her that they will not be part of the joint sitting of Parliament called to commemorate the Constitution Day.
Shiv Sena MP Gajanan Kirtikar said the party MPs met Gandhi and also conveyed that the party will be with the opposition to protest against the political developments in Maharashtra. (PTI)
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Shiv Sena MPs Anil Desai, Gajanan Kirtikar, Arvind Sawant and Rahul Shewale met Congress interim President Sonia Gandhi in Delhi, earlier today.
Samajwadi Party's Abu Azmi said after approval from his party chief Akhilesh Yadav, he has given a letter showing support of SP for Shiv Sena-NCP-Congress alliance.
In their first reaction on the oath-taking ceremony of 162 MLAs of the Congress-NCP-Shiv Sena alliance, BJP leader Ashish Shelar said that the majority in the Assembly cannot be proved by such "parades".
Assuring the NCP MLAs, Pawar said his nephew Ajit does not have the right to issue party whip, adding he neither does have the right to suspend any of the NCP members. "If he does that, I will personally take responsibility," Sharad Pawar said.
"Confusion is being created in the minds of the new MLAs that Ajit Pawar, who was elected as legislative party leader, has the powers to issue whip. And if the whip is not followed, then the MLAs may be disqualified. I want to clearly state that once that party leader is removed , he doesn't have the powers to do so," Pawar said.
Pawar said after the trust vote, the governor will have to call them. "Maharashtra is no Goa and Manipur. We will teach them a lesson," he said.
Taking an apparent dig at the BJP-led Centre, NCP chief addressing the 162 MLAs said those in power today have formed the government in some states despite not having the majority.
In a display of the alliance's strength, Pawar said, "We have 162 MLAs today. We have contacted with some others but haven't got their written letters."
Shiv Sena chief Uddhav Thackeray said the alliance wanted to show its strength not only to Maharashtra but to the country. "Despite seeing this picture, if it does not light into the minds of people, then we have the strength to show that light. We are not saying I will come back but I'm saying we are back," Thackeray said.
Maharashtra Congress president Balasaheb Thorat said, "After this meeting, the newly formed government should resign as they don't have the majority. We have 162 MLAs with us."
Congress leader Ashok Chavan at Hotel Grand Hyatt in Mumbai where Shiv Sena-NCP-Congress MLAs have assembled said, "We are more than 162, not just 162. We all will be a part of the govt. I thank Sonia Gandhi who allowed for this alliance to stop BJP. The Governor should invite us to form the government."
The legislators present at the Grand Hyatt Hotel are addressing all the MLAs.
Shiv Sena chief Uddhav Thackeray and son Aaditya Thackeray arrive at Hotel Grand Hyatt. In a bid to show their strength, Sena-NCP-Congress's 162 MLAs have assembled at the venue from various hotels. Congress leaders including Mallikarjun Kharge and Ashok Chavan too have arrived at the venue. NCP chief Sharad Pawar too has reached the hotel.
Congress legislators heading for the joint Congress-NCP-Sena MLAs show of strength, click a picture on board the bus.
The newly appointed CM Devendra Fadnavis has sanctioned Rs 5380 crore from the Maharashtra Contingency Fund to give relief to farmers affected by unseasonal rain.
During the President's rule in the state, Governor Bhagat Singh Koshyari had sanctioned a relief of Rs 8,000 per hectare up to two hectares for agricultural Kharif crops and Rs 18,000 per hectare up to two hectares for horticulture/perennial crops.
"We are all one and together," Shiv Sena leader Sanjay Raut claimed that NCP-Sena-Congress alliance strength comprises of 162 MLAs, who will show up at Hyatt hotel today at 7 pm.
Around nine inquiries related to the multi-thousand crore irrigation scam have been closed by the Anti Corruption Bureau (ACB). Deputy chief minister Ajit Pawar is one of the people being investigated in the Irrigation scam.
The agency, however, says these were routine inquiries they were conducting in several tenders that were under the scanner, adding it does not impact over two dozen FIRs registered in the alleged irrigation scam.
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The Lok Sabha was adjourned today due to the ruckus caused by Congress MPs who stormed the Well of the House to protests against the swearing-in of a BJP-led government in Maharashtra. The Speaker of the House Om Birla said the behaviour of the Congress MPs was "unacceptable" and will not be "tolerated".
"I am hurt by whatever happened in Parliament today. It is unacceptable and won't be tolerated," PTI quoted Birla as saying.
Indian Youth Congress (IYC) activists staged a demonstration near the Parliament House voicing against the BJP-led Centre over the alleged "illegal and undemocratic" manner of government formation in Maharashtra, PTI reported.
IYC president Srinivas BV said, there were several questions over the manner in which the Bharatiya Janata Party (BJP) staked claim for power and was allowed to form government in Maharashtra and it was clear that rules and democratic norms were violated.
NCP chief spokesperson Nawab Malik posted a motivational couplet on Twitter to send across a message that nothing could deter them from succeeding. "Agar falak ko zid hai bijliyan girane ki, to hamein bhi zid hai wahin par ashiyaan basane ki... Hum honge kaamyaab!" (unfazed by challenges like lightning strike, we are also determined to up our abode there...we will succeed), Malik tweeted.
Asked about the opposition cries over "murder of democracy", a top BJP source told The Indian Express that democracy was murdered when they tried to make Sena chief Uddhav Thackeray the chief minister. "What horse-trading are they talking about? They have taken the whole stable away," the source said.
NCP MLA Anil Patil, who was reportedly missing and brought to Mumbai from Delhi by NCP leaders today, told reporters, "When we reached the hotel (in Delhi), at least 100-200 BJP workers were present there along with a lot of police cars and personnel in civil dress. We were scared. We told Sharad Pawar that we want to return and stay with the party, he assured us that we will be brought back and made the necessary arrangements."
Three NCP MLAs, who were 'missing' since Saturday after attending the swearing-in of Ajit Pawar as deputy chief minister of Maharashtra, returned to Mumbai today. "The three MLAs - Daulat Daroda (from Shahapur seat), Nitin Pawar (Kalwan) and Narhari Zirwal (Dindori) - have come back," an NCP leader said. After returning, Nitin Pawar said he supports the Sharad Pawar-led party and revealed that they were taken to Delhi. "We were taken to New Delhi, but soon we realised what has happened. We contacted our senior leaders, including Sharad Pawar, Supriya Sule and Jayant Patil and informed them that we are with them," he told reporters in Mumbai.
Shiv Sena MLAs shift to Hotel Lemon Tree in Mumbai.
On his first day in office after coming back to power, Maharashtra Chief Minister Devendra Fadnavis' first signature was done on a CM relief fund cheque of Rs 1.20 lakh issued to Kusum Vengurlekar, a resident of Dadar.
Speaking to reporters in Delhi, Union minister Ravi Shankar Prasad said, "The BJP-Shiv Sena got the mandate to form the government with Devendra Fadnavis as chief minister. It is the Congress that is murdering democracy and questioning us on the same. BJP's win in state is both moral and political victory, which the Congress is trying to hijack."
Ahead of the Supreme Court hearing on the floor test scheduled for Tuesday, the Shiv Sena is shifting its MLAs from The Lalit Hotel to Hotel Lemon Tree in Mumbai.
A Mumbai resident has approached Bombay High Court, seeking direction to BJP, Shiv Sena to form the government over 'public mandate'. The plea also sought the High Court's direction against having a chief minister from a post-election alliance of Sena-NCP-Congress.
At Vidhan Bhawan, Chief Minister Devendra Fadnavis along with his deputy Ajit Pawar and former speaker and senior NCP leader Dilip Walse Patil pay tribute to first the chief minister of Maharashtra Yaswantrao Chavan on his death anniversary on Monday.
Congress spokesperson Randeep Singh Surjewala addresses the media outside Supreme Court on Monday. (Express photo/Praveen Khanna)
Shiv Sena leader Eknath Shinde said, "We've given the letter of support of 162 MLAs to the Governor. In a democracy, only the majority number holds importance. We want that the minority government formed on November 23 should resign. Those with the majority should be given an opportunity."
"It is a fact that the BJP didn't have the majority and that is why they had not formed the government.They had even written to the Governor initially that they don't have the majority and hence will not form the government," NCP chief Sharad Pawar said today. When asked if Ajit Pawar will be expelled from the party, he said, "This is not something for which a single individual takes a decision, it has to be decided by the party when the matter comes before it."
"Today morning at 10 am, Shinde ji, Thorat ji, Chavan ji, Vinayak Raut ji, Azmi ji, KC Padvi and I - on behalf of the NCP, gave a letter to Governor, showing strength of 162 MLAs The current government in Maharashtra has been formed on the basis of false papers and documents. We are in a position to bring 162 MLAs before Maharashtra Governor at any given time," NCP state chief Jayant Patil said.
"The government formed by Devendra Fadnavis and Ajit Pawar is illegitimate as they do not have the numbers. Continuing the unholy government for even a second is a sacrilege. Democracy has been trampled upon by the BJP. We believe that in the floor test, our majority shall be established. We are confident that the Supreme Court will do justice," Surjewala said.
Addressing the media, Congress' Randeep Singh Surjewala said, "We have submitted an affidavit showing the support of the MLAs. We believe that the verdict will be a victory for the people of Maharashtra."
The Congress-NCP-Shiv Sena delegation outside Raj Bhavan in Mumbai on Monday. (Express photo/Nirmal Harindran)
The Supreme Court has reserved the order on floor test for 10.30 am on Tuesday.
"We will be happy to loose in floor test today. The proof of the pudding lies in the eating. You don’t want to face an early floor test," Abhishek Singhvi said.
"Both sides agree that the floor test is ultimate, BJP does not want it quickly," Abhishek Singhvi said. The court, however, asked Singhvi to withdraw the fresh plea with affidavits of 154 Maha MLAs supporting combine as it has not been supplied to BJP. "Whatever you file in court, you need to give to other side," the bench said. To this, Singhvi replied, "Was referring to affidavits of 154 Maha MLAs to shock court's conscience that majority was with us."
"Where was national emergency to revoke President's rule at 5.27 am and the chief minister being administered oath at 8 am next morning. The combine has affidavits of 154 Maha MLAs supporting it, if BJP has the numbers, then they should be asked to prove the majority within 24 hours," Kapil Sibal said. He also referred to the alleged haste by which President's rule was revoked and the formation of government, saying it has never been done in history. "It's fraud of worst kind, did a single NCP MLA tell Ajit Pawar that he supported him to go with BJP," he said.
"When both the groups are open for Floor Test, why should there be a delay? Does a single NCP MLA here say we will join the BJP alliance? Is there a single covering letter saying this. This was the fraud committed on democracy," Abhishek Singhvi, representing Congress and NCP, said.
"We have the original affidavits of the154 MLAs. The NCP MLAs have said they do not support Ajit Pawar," advocate Kapil Sibal, who is appearing for Shiv Sena, said.
In a joint statement to the Governor of Maharashtra, the NCP-Congress-Shiv Sena today requested they should be given a chance to form the government. In the statement, they stated that the BJP had turned down the request in the past following lack of requisite numbers. Even now, BJP does not have the required numbers, the statement read. The letter was signed by Shiv Sena leader Eknath Shinde, Congress state president Balasaheb Thorat and NCP state president Jayant Patil. The delegation also requested the Governor that they should get the opportunity to form the government as the incumbent BJP-led government will fall. Therefore, the governor should ensure there will be no President's rule.
"Today, Ajit Pawar is saying he had the support (of 54 NCP MLAs) but he has been removed from that position from NCP. If they have the majority then why should they shy away from the floor test? Why could the Governor who waited so long waited for 24 hours more? What was the national emergency to revoke President's rule in the morning and swear in Fadnavis other than to preempt the alliance of Sena-NCP-Congress?" Kapil Sibal said.
The counsel for BJP said, "The matter is fraught with serious consequences, the Governor's discretionary power cannot be judicially reviewed." Mehta said the five-judge bench is supposed to examine the power of Speaker in such matters and asked the top court not to judicially review the actions of the Governor.
Counsel for Ajit Pawar, Maninder Singh, said, "I was authorised by the MLAs. The writ petition makes it clear I’m NCP. There is nothing to the contrary even as on this day. Nobody has challenged that. If there was nothing legally wrong with these letters, nothing survives in the Sena-NCP-Congress petitions. The court must say we will not allow leapfrogging and ask them to approach High Court."
"Whether the chief minister enjoys the support of the majority on the floor of House has to be decided," the bench said. To this, advocate Rohatgi said, "Now the question is can this court say whether the floor test can be ordered within a particular time frame. Nobody is disputing that the floor test is the ultimate test, no party can say it has to be conducted in 24 hours. A particular time frame cannot be asked to be implemented on mere apprehension of particular party."
"I met Ajit Pawar, he had the support of 54 NCP MLAs, so the Governor asked him to form the government," advocate Rohatgi said. "It's nobody's case that the letters have been forged. The Governor has acted correctly so it is end of their case," the counsel for BJP said.
Seeking more time to file a response, SG Mehta said, "The Governor probably wants to test whether the welding (between Shiv Sena, NCP, Congress) would last. Giving directions to the Governor would have serious consequences for future elections."
Justice Sanjiv Khanna said, "In all the cases, floor test was agreed upon by all sides and within 24 hours".
Referring to the signatures, Justice Ashok Bhushan said the MLAs signatures "don’t say they are extending support to anyone". To this, Rohatgi said the letter of support and signatures are in the form of annexure".
"The Maharashtra Governor is not supposed to conduct roving, fishing inquiry to ascertain which party has the numbers to form the government. The question is can a party come, seek the court's intervention to hold a floor test within 24 hours," SG Mehta added.
Continuing his arguments in the court, advocate Mehta said, "The Maharashtra governor was cognizant of the facts and situation after polls results that had led to invoking of President's rule in the state. After being assured that no party was in a position to form the government in Maharashtra, the Governor recommended the President's rule in the state." He also explained that the Governor had invited the Shiv Sena, BJP and NCP for government formation and that the President's rule was imposed only after they failed.
After submitting the key letters, advocate Mehta spoke about the letters of support from independent MLAs dated October 31 and Ajit Pawar’s letter of support dated November 22 reportedly having signatures of all 54 NCP MLAs. Tushar Mehta read the English translation of Pawar’s letter, saying it states that for a stable government, “we” have decided to support Fadnavis and join the government under him.
The bench said it is not considering the prayer of Shiv Sena-NCP-Congress that they should be invited to stake claim in Maharashtra. Solicitor General Tushar Mehta for Centre, meanwhile, submitted the letters of the Governor and Fadnavis to the court.
Addressing the bench, Solicitor General Tushar Mehta said he has the letters sought by the top court. He added that he wanted to submit something from the Governor’s point of view. He said the question he wants to be addressed is whether the court in an Article 32 petition should substitute the wise discretion of the Governor.
Senior Counsel Kapil Sibal and Abhishek Manu Singhvi, SG Tushar Mehta and Mukul Rohatgi arrive at the courtroom.
Congress-NCP-Shiv Sena leaders arrive at Raj Bhavan in Mumbai.