New Delhi: The Shiv Sena moved Tuesday the Supreme Court challenging the Maharashtra Governor Bhagat Singh Koshyari decision of not granting it the three days to submit the letter of support for government formation in the state.
The lawyers, appearing for the Shiv Sena, told this agency that they have made a request to the registrar for according urgent hearing Tuesday itself, and they are yet to get a response.
The Shiv Sena has sought a direction from the apex court to quash the governor’s Monday decision not giving it the opportunity to prove majority on the floor of the House. The party has termed the Bhagat Singh Koshyari’s decision as unconstitutional, unreasonable, discriminatory, capricious and mala fide.
“The governor refused to grant even three days time that it has requisite majority to form government in Maharashtra,” the petition filed through advocate Sunil Fernandes said.
In the petition, the Shiv Sena contended that the governor’s decision was violative of Article 14 and 21 of the Constitution.
“It is exfacie arbitrary, unreasonable, capricious and mala fide exercise of power in order to ensure that Shiv Sena is precluded from getting a fair and reasonable opportunity of proving majority on the floor of the House” the petition stated.
In the petition, the Shiv Sena has made the ministry of home affairs, the Maharashtra government and the Sharad Pawar-led Nationalist Congress Party (NCP) as respondents.
In the 288-member Maharashtra assembly, the BJP emerged as the single largest party but fell short of the majority of 144 by 39 seats. The Shiv Sena, which was a BJP ally, garnered 56 seats. While the NCP had 54 seats and Congress had 44.
In a separate development the Congress hit out at Maharashtra Governor Bhagat Singh Koshyari for recommending President’s rule in the state. It alleged that he has committed a ‘grave travesty’ and made a mockery of the Constitutional process.
Congress’ chief spokesperson Randeep Surjewala also questioned the Maharashtra governor for the ‘arbitrary’ allotment of time to the NCP, Shiv Sena and the BJP to prove support for government formation.
“This is unashamedly dishonest and politically motivated,” Surjewala tweeted. “Governor Koshiyari has committed a grave travesty of democracy and made a mockery of the Constitutional process in recommending President’s Rule in Maharashtra,” he added in another tweet.
A statement earlier tweeted by Koshyari’s office said, “He is satisfied that the government cannot be carried on in accordance with the Constitution, (and therefore) has today submitted a report as contemplated by provision of Article 356 of the Constitution.”
PTI
