Sena moves SC against Guv's refusal for extra time

Following political impasse in Maharashtra, Shiv Sena on Tuesday approached the Supreme Court questioning the Governor's refusal to grant three days time to it to demonstrate that it has the requisite majority to form the government.

“Any imposition of President's Rule would also result in horse trading by the BJP and to somehow cobble up a majority by using unconstitutional means,” it alleged.

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The party sought an urgent hearing saying it would suffer “grave and irreparable loss if the court does not hear the instant Petition at its earliest convenience”. The registry is yet to inform the counsel about listing of the matter.

Shiv Sena, which emerged as second largest political party with 56 MLAs in the 14 th Maharashtra Legislative Assembly Elections, 2019, sought a declaration that the decision of Governor Bhagat Singh Koshiyari was “arbitrary, illegal, void-ab-initio, and violative of Article 14 of Constitution”.

In a petition filed through its MLC Anil Dattatray Parab, the party claimed the governor in “capricious and a mala fide exercise of the power” had on November 11 refused to grant it even three days time as “a part of the well concerted plan of the BJP to invoke Article 356 (President's Rule) of the Constitution”.

The party maintained that assessment of the strength of the political formation to command majority in the house was not a matter of private opinion of any individual be he the Governor or the President. The strength cannot be determined by the Raj Bhavan, and can only be tested on the floor of the House, it added.

The petition filed by advocate Sunil Fernandes after being settled by senior advocates Kapil Sibal and Devadatt Kamat sought a reasonable time, maintaining that other parties NCP and Congress were willing to support it.

It charged former ally BJP of “acting through the governor and penalised the petitioner for having severed ties”.

Citing the S R Bommai case (1994), the party said it was not open for the Governor to bypass the Constitutionally ordained forum of a floor test, i.e., House, and arrive at a subjective satisfaction that the political formation does not have the majority.

“Any private assessment by the governor of the strength of the claim to form the government...is an anathema to democratic principles,” it said.