No Maharashtra floor test for now, SC will hear the matter again tomorrow after notices to Centre and State

The Supreme Court on Sunday asked Solicitor General Tushar Mehta to place before it on Monday morning Governor BS Koshyari’s order on November 23 inviting BJP’s Devendra Fadnavis to form the government and Fadnavis’s letter to the Governor claiming majority.

A bench of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna also issued notices to the Centre and Maharashtra government on a petition filed by the Shiv Sena-NCP-Congress combine against the Maharashtra Governor’s decision to swear in Fadnavis as chief minister. The court also issued notice to Fadnavis and Dy chief minister Ajit Pawar.

The bench asked Solicitor General Mehta to produce letters of the Governor at 10.30am on Monday for passing orders. The apex court declined the fervent request of Mehta seeking two days to place the Governor’s communication on record.

Senior advocate Kapil Sibal and AM Singhvi, appearing for the combine, told the bench that floor test be conducted today itself so that it can be ascertained that Fadnavis enjoys majority in the house. They maintained that post-poll alliance of the three parties have the majority in the 288-member house.

While Sibal termed as ‘bizarre’ the Governor’s decision to revoke President’s rule and anoint Fadnavis as the chief minister, Singhvi said it is a “murder of democracy”.

Senior advocate Mukul Rohatgi, appearing for two BJP MLAs and some independents, questioned the maintainability of the writ petition filed by the combine and said they should have approached the Bombay High Court.