Maha: Mumbaikar moves SC against SS-NCP-Cong govt

Shiv Sena chief Uddhav Thackeray and son Aaditya Thackeray leave after a meeting with Congress and NCP leaders, at Nehru Centre in Mumbai. (PTI Photo)

Amid possible political realignments in Maharashtra, a petition has been filed in the Supreme Court seeking a direction to restrain Governor BS Koshiyari from inviting Shiv Sena, NCP and Congress to form a government against “the mandate of people”.

The petition filed by Surendra Indrabahadur Singh alias Kamal Singh, a Mumbai resident, asked the Supreme Court to settle the question of law as there was a lack of clarity in dealing with a post-poll alliance of parties which contested against each other and defeated each others’ candidates.

Citing the Constitution Bench of seven judges of the Supreme Court, in SR Bommai case (1994), the petitioner said the ‘largest party/group” was the substantial question before the court in the present writ petition and whether the expression should include a group of parties that contested against each other and fought election expressly against each other in terms of ideology, policies, propaganda and manifesto.

He also raised a question if an alliance between two political parties that contested against each other was acceptable under the present constitutional scheme. He also relied upon the Constitution bench decisions in Nabam Rebia (2016) and Rameshwar Prasad (2006) to contend the questions of law have not been dealt with so far.

The petitioner contended that the formation of a government by Shiv Sena, NCP and Congress would amount to “cheating” the people for “personal gain”. “The present post-poll coalition is based on the power-sharing concept of two political parties who have been voted out by the people,” he said.

If a coalition of Shiv Sena with political parties against which it contested the election was allowed to form a government, it would result in dilution of the mandate of the public and go against the constitutional ethos, the plea stated.

“The turn of events after refusal by the BJP to form Government, is shocking for me...there is apprehension that the vote cast by petitioner and others are being put in trade for personal gains by the people in charge of the mandate by misrepresenting those who cast their votes for either BJP or for Shiv Sena on the belief that it is being cast for the pre-poll coalition partners,” his petition stated.

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