New Delhi: The Shiv Sena on Wednesday did not mention in the Supreme Court its plea challenging the Governor’s decision not to grant it three days’ time to get the letter of support to form the government in Maharashtra.
Ahead of the apex court judges commencing the hearing in the courtroom, the lawyers representing Shiv Sena told PTI that the party has preferred not to mention the petition as there was change in the political situation in the state after the imposition of the President’s rule.
Advocate Sunil Fernandes, who had filed the petition on behalf of the Shiv Sena, said on Tuesday that the Supreme Court had asked them to mention the writ petition at 10:30 AM on Wednesday.
The lawyer said another petition challenging the imposition of President’s rule in the state was being readied.
However, Fernandes said: “We are not filing the fresh petition on behalf of the Shiv Sena today (Wednesday). The decision when to file the petition is yet to be taken.”
Senior advocate Dev Dutt Kamat said that since the President’s rule has been imposed in the state “there is no hurry to file a fresh petition”. There is no urgency now and the lawyers will wait for the instructions, he said.
The Shiv Sena had on Tuesday moved the apex court challenging the Maharashtra governor’s decision but failed to get an urgent hearing in the matter.
It had sought a direction from the apex court to quash the Governor’s decision of not giving it the opportunity to prove majority on the floor of the House.
The party had claimed it was invited to form the government on Monday and had indicated its willingness to do so on Tuesday. In the petition it had contended that the Governor’s decision was violative of Articles 14 and 21 of the Constitution.
The plea said the Governor’s decision rejecting the claim of the Shiv Sena, which is the second largest party with 56 MLAs, to form government is “ex facie arbitrary, unconstitutional and violative of article 14”.
