Maharashtra Government Formation: “Governor should not act as mouth piece of Central Government”, Shiv Sena moves Supreme Court

The uncertainty surrounding the formation of the government in Maharashtra has reached the Supreme Court. The Shiv Sena has filed a petition challenging the decision of Governor Bhagat Singh Koshyari rejecting the claim of the party to form the government in the State..In its petition, the Sena has assailed the decision of the Governor, who had rejected its request for three additional days to garner letters of support from the NCP and the Congress parties..The petition has been filed through advocate Sunil Fernandes and settled by Senior Advocate Devadatt Kamat. It has been drawn by advocates Nizam Pasha, Rajesh Inamdar, Javedur Rahman, Aditya Bhat, and Ashwin G Raj. Senior Advocate Kapil Sibal will appear for the Shiv Sena..The petition states that the Shiv Sena had been associated with the BJP in Maharashtra for the last 30 years, but owing to certain fundamental political differences that evolved during the last few weeks, that association has come to a staggering end..It goes on to state that the Shiv Sena has been in advanced talks for government formation with the NCP and the Indian National Congress. It is for evolving a common minimum programme that three days’ time was sought from the Governor, who disallowed the request..The Shiv Sena has contended that the Governor is duty-bound to allow reasonable time to political parties to conclude their negotiations on government formation and that he should not act as a mouthpiece of the Central government..The action of denying time to Shiv Sena is ex-facie arbitrary and contrary to Article 14, the Sena has contended..The petition goes on to state that the action of the Governor in rejecting three days’ time to the party is part of the “well-concerted plan of the BJP to invoke Article 356”..Any imposition of President’s rule would result in horse-trading by BJP and allow them to “somehow cobble up majority by using unconstitutional means.”.The Sena has therefore sought quashing of the Governor’s decision rejecting its claim to form the government. It has also sought a direction to be issued to the Governor to grant the petitioner reasonable time to demonstrate that it has requisite support to form the government in Maharashtra..It is understood that the petitioner is trying to get the case listed for hearing today itself, though the Court is shut for Guru Purab. The Supreme Court Registry is yet to respond to this request.