The Shiv Sena on Tuesday requested the Maharashtra Governor not to administer the oath to any minister in the Eknath Shinde government, saying the legality of the decision to appoint Shinde as the chief minister is in question.
In a letter to governor Bhagat Singh Koshyari, Shiv Sena general secretary Subhash Desai said the issues related to the disqualification of 39 MLAs are also pending before the Supreme Court.
Appointment of ministers and/or offering any remunerative posts to persons against whom disqualification proceedings under the Tenth Schedule are pending, and who may be disqualified will be against the letter and spirit of Article 164 (1B) as well as Article 361B,” the letter said.
Rewarding persons against whom disqualification proceedings are pending with ministerial berths or remunerative posts would be “totally destructive” of the Constitutional scheme, the letter added. “…the issues pertaining to the disqualification of 39 MLAs are pending consideration before the Supreme Court. Further, the question of the legality of the decision to appoint Eknath Shinde as the chief minister is also sub judice before the Supreme Court,” it said.