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Constitutional
experts feel Maharashtra is moving towards President’s rule after two parties,
Bharatiya Janata Party (BJP) and Shiv Sena, have failed to prove their ability
to form the next government.
While BJP,
which is the single-largest party with 105 seats, did not stake claim to form
the government on Sunday, Sena, with 56 seats, on Monday searched for a 48-hour
extension of the deadline from the Governor to get Nationalist Congress Party
(54 seats) and Congress (44 seats) on board.
The
Governor, however, refused an extension, and instead invited NCP to form the
government.
Experts said
the Governor was exploring all options, by giving every political party a
chance to stake claim to form the next government.
A retired
Supreme Court judge Justice PB Sawant said, “BJP was given more than 17 days
after the election results, while Sena was asked to prove its majority within
24 hours. All political parties should be given equal time. The Supreme Court
verdict in SR Bommai case is very clear about it.”
The results
of the Assembly elections were announced on October 24 and Governor Bhagat
Singh Koshyari invited BJP on November 9 to form the government.
Once
President’s rule is imposed, the state’s legislative powers are taken up by the
Parliament, while the executive powers are under the scope of influence of the
President .
President’s
rule has to be approved by the Parliament in two months, after which it can be
extended till six months and again for six more months, if elections are not
possible within that period .
However,
within this time frame, political parties have the right to stake claim to form
the government at any point of time.