As the Supreme Court held a special urgent sitting to decide the legality of Maharashtra government formation, we have to remember the Karnataka government formation in 2018 when a very similar turn of events unfolded.
Even in 2018, the supreme court had to intervene and pass orders after a midnight turn of events. In 2018 Karnataka Assembly elections, the BJP had emerged as the single largest party with 104 seats. The BJP had fallen short by seven seats in a 222 member assembly.
Refusing to team up with BJP, Congress and Janata Dal (Secular), came together to form an alliance with their 80 and 37 seats respectively to form the government. The Congress and Janata Dal (Secular) had fought each other in the election.
However, the then governor Vajubhai Vala invited BJP leader B S Yeddyurappa to form the government based on the letters submitted by him claiming majority support in the house.
While Yeddyurappa had his oath ceremony scheduled for May 17, 2018, Congress-JD(S) moved an urgent writ petition in the apex court on the night of May 16, challenging the Governor's decision to invite Yeddyurappa to form the government.
The lawyers of Congress-JD(S) made an urgently mentioned before the then CJI Dipak Misra at his residence after which a special bench was constituted to hold an urgent hearing of the plea on the night of May 16/17.
The special bench held the hearing past midnight on May 17. Senior Advocate Dr A M Singhvi, appearing for the petitioners, submitted that the Governor acted unconstitutionally by ignoring the claims of the post-poll alliance of Congress-JD(S) which had a clear majority. Whereas, Senior Advocate Mukul Rohatgi, appearing for the then CM-designate Yeddyurappa, claimed that the governor had invited him based on the letters showing majority support produced by him. Attorney General K K Venugopal and Solicitor General Tushar Mehta urged that the Supreme Court had limitations in reviewing the Governor's exercise of discretion.
After the hearing which lasted for three and a half hours, the bench passed a judgement at 5.30 a.m asking Yeddyurappa to present the letter he submitted to the governor. The SC bench was applauded for holding a hearing in the middle of the night.
Yeddyurappa pledged his oath as per the schedule on May 17 evening. However, the next day, according to the letter submitted by BJP, it was asserted that the BJP had claimed majority but did not have names of the said MLAs.
The apex court ordered a floor test for the next day. Considering the arguments put forth by the petitioners that an extended window will create possibilities for the poaching of MLAs, the court granted BJP fifteen days to pass the floor test.
As it was believed to be, the BJP could not prove its majority and the government formed was of the Congress-JD(S) alliance. H D Kumaraswamy as Chief Minister was the chosen Chief Minister.
The Karnataka government formation and the current Maharashtra government formation scuffle is almost a parallel across time. The Maharashtra governor Bhagat Singh Koshiyari invited the largest party, BJP, without a clear majority after its three-decade-long alliance with Shiv Sena fell apart, to stake claim over the government.
The governor has granted the former Chief Minister of Maharashtra Devendra Fadnavis, who took oath early morning on 23rd November for his second term as CM.
The only aspect that is keeping the Maharashtra government struggle apart from Karnataka is the writ petition filed by Shiv Sena-NCP-Congress alliance which happened after Fadnavis pledged oath.
Another interesting aspect of the current political scenario is that Justice Ashok Bhushan, who was a part of the special bench hearing the Congress-JD(S) plea is also on today's special bench comprising Justices N V Ramana and Sanjiv Khanna, hearing the Shiv Sena-NCP-Congress petition challenging the constitutionality of Maharashtra governor's decision.
