President’s rule in Maha: Shiv Sena moves SC seeking ‘extra time’

President’s rule in Maha: Shiv Sena moves SC seeking ‘extra time’

The saffron party has now petitioned the Supreme Court challenging the “arbitrary and unconstitutional” decision of Governor Bhagatsingh Koshyari, who denied ‘extra time’ to the Sena for proving its majority.

Narsi BenwalUpdated: Wednesday, November 13, 2019, 07:26 AM IST
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Mumbai: The Shiv Sena seems to be in no mood to easily let go of its chance to form a government in Maharashtra along with its erstwhile rivals – the NCP and the Congress.

The saffron party has now petitioned the Supreme Court challenging the “arbitrary and unconstitutional” decision of Governor Bhagatsingh Koshyari, who denied ‘extra time’ to the Sena for proving its majority.

The Sena has filed a petition in the Supreme Court through its leader Anil Parab, seeking to quash orders of the Governor, by which he refused to allow the saffron party to prove its majority on the floor of the Maharashtra assembly.

In its plea, the Sena has narrated the facts and also the developments highlighting the ‘advanced talks’ between Sena chief Uddhav Thackeray and Congress president Sonia Gandhi and also the simultaneous communication of Sanjay Raut and NCP chief Sharad Pawar.

The plea also goes on to state that over eight independent elected MLAs have vowed to support the Sena and that both NCP and Congress have ‘in principle’ decided to support the saffron party for a coalition government.

“Despite these developments and our talks with the various stake holders in an advanced stage being communicated to the Governor, the latter has chosen to fast-forward the process, thereby depriving us an opportunity to form the government.

The Governor has for reasons best known to him, declined to accommodate our request for three days and rejected our claim to form the government,” the party’s petition reads.

The Sena has not spared the Governor and accused him of acting as per the whims of the Narendra Modi-led union government.

“As per the constitutional conventions and practices, the Governor is duty-bound to allow reasonable time for political parties to conclude their negotiation on government formation and not act as an agent/mouthpiece of the central government and /or the ruling party at the centre and has to allow reasonable time to political outfits to present the conclusion of their negotiations before taking a decision to reject any claim to form the government,” the plea reads.

“The Governor cannot act in a manner so as to only suit the majority political party at the centre, or act on the diktats of the central government,” the petition further states.

Accordingly, the Sena has termed the action of the Governor as manifestly arbitrary, discriminatory and in a clear violation of Article 14 of the Constitution.

“It also betrays inherent malafide against the Sena in as much as it seeks to treat it differently and adversely compared to the treatment that the Governor has meted out to the BJP by giving much time for it to prove majority,” the Sena has said.

“The Governor had failed to give an opportunity to us to prove majority on the floor of the house and the impugned action of the Governor as such is unconstitutional and illegal,” the plea adds. The plea is likely to be heard on Wednesday.

POLITICAL ANGLE

Advocate Sunil Fernandez filed the plea on behalf of Shiv Sena, challenging the Governor’s decision of not extending time for the party to prove its ability in forming the government. Commenting on this, Sena legislator and co-petitioner Anil Parab said, “Sena has filed a petition against the Governor, on his refusal to extend time.

We asked for a three-day deadline to submit the requisite letters. We could have proved our numbers in the floor test letter.”

The party also alleged that the Governor was acting on the behest of the BJP, which was given 48 hours to stake a claim. Parab informed that Sena chief Uddhav Thackeray had consulted with senior Congress leader and advocate Kapil Sibal for legal recourse and that the latter is expected to represent Sena in court.

He said Sena will file a second petition if President’s rule is imposed in the state. The Sena Legislator from Worli said the Governor may have declined Sena’s request for an extension but the party’s willingness to form the government still stands.

“The process to form a stable government in Maharashtra will continue and we will come back to meet the Governor soon,” said Aaditya on Monday after his meeting with the Governor.

Meanwhile, Sena chief Uddhav Thackeray called for an emergency party meeting at Matoshree and Sena legislators, who were earlier housed at “The Retreat” resort in Madh island to counter poaching attempts, were brought to Bandra in a guarded convoy.

Former Union Minister, Arvind Sawant, who resigned earlier was also present at the meeting. Sena leaders remained tight-lipped on the matter whereas Uddhav reasserted that the next CM will be from his party.

During the meeting, party insiders informed that Uddhav spoke to MLAs seeking their inputs on the ongoing government crisis and also conducted a vote of confidence regarding the choice of a CM candidate.

However, legislators and members of the party left it to Uddhav to hand-pick the candidate who will sit on the CM’s chair.

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