Shiv Sena has filed a writ petition today in the Supreme Court challenging the Maharashtra Governor’s November 11 decision to reject the party’s request for 3 days to prove majority in the state assembly, his actions being in ‘sheer breach’ of ‘constitutional conventions’.

The SC Registry is yet to respond on the urgent hearing application.

With Maharashtra facing hung legislature in Assembly Elections of 2019 after the single largest party BJP failing to demonstrate majority in the assembly, Shiv Sena, the second largest party with 56 seats, was denied time to demonstrate majority in the house.

The petition alleges that the Governor’s decision to refuse three days time to Shiv Sena to demonstrate requisite majority is “ex-facie arbitrary, unconstitutional, unreasonable, capricious and malafide.”

Member of Legislative Council, Shri Dattatray Parab is the second petitioner in the case, as also the authorized signatory in the matter.

The petition states that BJP, with the highest number of votes, already expressed its inability to form a government. Shiv Sena, being the next in vote hierarchy, should have been given opportunity to demonstrate majority in the assembly.

It also states that while some parties have shown willingness to support Shiv Sena, they are also in advanced talks for government formation with the Nationalist Congress Party (NCP) as well as the Indian National Congress (INC).

The petition claims that the Governor’s actions have violated Right to Equality under Article 14 of the Constitution since BJP was accorded two days time and a similar grant was not extended to Shiv Sena.

It also submits that, “the factum of majority cannot be decided by the Hon’ble Governor in his own ipsi dixit and the floor of the House is the only ‘constitutionally ordained forum’ to the test majority.”

Hon’ble Governor Bhagat Singh Koshyari has recommended President’s Rule in the state.

— India Legal Bureau