The Supreme Court of India ordered it should be 5 PM on Wednesday, by the time the Fadnavsis government will have to prove its majority on the floor of the Maharashtra Assembly. Delay in the test might open horse-trading, envisaged the apex court. The Court also ordered to follow open-ballot voting that would go under live telecast with the entire exercise.
The verdict is the consequence of the rapid turn of dramatic events in Maharashtra politics since 22nd November.
On the 22nd, NCP and Congress on record consented to ally with Shiv- Sena to form government in Maharashtra. The final touch from the trio was likely on the next day. But, in a stunning move, the day of 23rd November broke with Devendra Fadnavis of BJP swearing-in as the Chief Minister of Maharashtra. Ajit Pawar the leader of legislators of NCP took oath as the Deputy Chief Minister. NCP, Congress and Shiv Sena challenged procedure in the Supreme Court. The Court of Justice NV Ramana, Ashok Bhushan, and Sanjiv Khanna heard the case the next day even though it was Sunday. The hearing went on to Monday also. The court reserved its decision for Tuesday after hearing the parties.
What did the Supreme Court say in its order?
The apex court said it acted to protect the democratic values as it added that an immediate floor test was an effective mechanism to do so. It said, “If the floor test is delayed, there is a possibility of horse-trading, it becomes incumbent upon the Court to act to protect democratic values.”
The court ordered Governor Bhagat Singh Koshayari to ensure MLAs’ oath-taking, and the subsequent floor test is complete by 5 AM. It also ordered the proteome speaker to conduct the proceedings in the assembly.
What are the complaints of Shiv Sena- NCP- Congress axis about?
NCP, Congress and Shiv Sena objected the way Governor Koshayari administered the oath of CM to Devendra Fadnavis. They questioned if the Governor had followed the constitutional way for this. Kapil Sibal and Abhishek Manu Singhvi, representing the petitioner, asked when Devendra Fadnavis claimed before the governor to form the government; when the governor recommended revoking the president’s rule. They also doubted if the central cabinet of Ministers had ever sat to decide on the governor’s suggestion on the president’s rule. They questioned the authenticity of the support letter that Fadnavis had produced before the governor to back his claim.
The three parties sought immediate floor- test to prevent the BJP’s attempt to buy their MLAs. They wanted the floor test in twenty-four hours.
BJP uphold its action of claiming to form the government.
BJP argued, they had the support of NCP, as its leader of legislators Ajit Pawar had come with them. The party, aspiring for its successive second term of government in Maharashtra, rejected any flaw neither in their move nor in the support letter.