Monday, July 26, 2021
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Maharashtra Govt Formation: SC reserves order for 10:30 AM Tuesday

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The Supreme Court bench headed by Justice NV Ramana along with Justices Ashok Bhushan and Sanjiv Khanna, which sat on Sunday to hear the plea filed by the Shiv Sena, the Sharad Pawar-led Nationalist Congress Party (NCP), and the Congress (INC), is continuing its hearing today. The Court yesterday issued notice to present the order of the Governor as well as letters present Chief Minister Devendra Fadnavis.

Here are the lives updates from the court today:

11:52 am: Supreme Court will pronounce the order tomorrow at 10:30AM (Read Court’s order here)

11:46am: Rohatgi made rejoinder submissions —  The court cannot order an immediate floor test. He invoked Article 212 (2), saying an immediate floor test within 24 hours would be breach of constitution.

Article 212(2) states:

No officer or member of the Legislature of a State
in whom powers are vested by or under this Constitution
for regulating procedure or the conduct of business, or for
maintaining order, in the Legislature shall be subject to
the jurisdiction of any court in respect of the exercise by
him of those powers.

11:25am: Singhvi —  The other side is arguing that the governor acted wisely and that he got the support from the MLAs.
But your lordships does even a single MLA say that we are with you Ajit Pawar to form the government. They never did. The governor further looks into NCP’s support without a covering letter and an unaddressed letter and thereafter asks them to form the government on the basis of majority. This is absolutely fraud. We can not allow this to happen in a democracy.
I am withdrawing my application. This is filed just to shock your lordships’ conscience.

11:24am: Dr.Abhishek Manu Singhvi,(Sr.Adv) attacks BJP — Both sides agree that floor test is needed. But confusion is today, tomorrow or end of the week. There are seven verdicts by SC which ruled in favour of immediate floor test.

11:22am: Sibal argues — Normally all these(invitation from governor to form govt, oath ceremony) happen with cabinet permission. SG Tushar Mehta objected to these allegations. Justice Ramana said that aspect  is not being looked into right now

11:21am: Sibal says — Ajit Pawar is no longer from NCP.

11:19am: Sibal —  SC has held that the Governor’s action can be inquired into and was also held to be malafide from Bommai to the recent Anurag Chand case. The trio didn’t come together until they reached a common minimum programme as there were ideological issues

11:18am: Sr. Adv Kapil Sibal, appearing for Shiv Sena says — The governor waited for nearly 1 month, why can’t he wait for 24 hours.
Why did he revoke presidential rule at 5.17 am. There is a prima facie case What was that emergency? It’s completely mala fide.
Everything happened between 7 in the evening and 5.17 am the next day.

11:13 am:  Senior adv Maninder Singh for Ajit Pawar argues — There is nothing to challenge the validity of the documents submitted. There is nothing contrary to it. On Nov 22 he had the support of 54 MLAs and thus governor acted in his discretion.

11:11am: SG Mehta argues — immediate floor test cannot be ordered as one side trying to win over the stable of MLAs. If the floor test is ordered now then it would seem as if horse trading has won.

11:09am:  Justice Khanna says: SC has held in several cases that floor test has to be held in such cases within 24 hours. The majority cannot be proven in the Governor’s house. It has to be proven in the floor of the house.

11:04am: SG Tushar mehta says — The court should see that how can the court interfere in the wisdom of the governor. It’s been 1 month. Overnight they come up with this, and this is exactly what the governor examined, i.e. whether there is a stable government.

11:01am:  He acted wisely. The governor has the discretion. That discretion can not be challenged or come within judicial review. I have judgments to prove it.
There is nothing left in this case. He acted as per the constitutional standard. The procedure of the assembly is followed. what governor did is bona fide. What president did is bona fide.

10:58am: Their attack on governor is completely baseless, says Rohatgi

10:56am:  Rohatgi says — The governor only acted liked a reasonable person. He invited the largest party.

10:54am: Sr. Advocate Mukul Rohatgi says Governor sent a letter to Devendra Fadnavis stating — I have received a letter saying you(Fadnavis) are unanimously elected as a leader from the BJP and informing me that you have the support of 170 member of Maharashtra legislative assembly.

10:51am: SG Mehta says from 24th oct – 9th Nov, the governor waited for 15 days, then he called BJP, but they said not in a position to form govt. Then he called Shiva Sena, they also said the same. Then Governor called INC — they make the same point, Therefore the President rule was imposed.

10:46am: Solicitor General Tushar Mehta hands over to SC the original letter of Maharashtra Governor inviting BJP leader Devendra Fadnavis to form government in Maharashtra.

10:45am: SG Mehta says Governor received letters from 54 MLAs stating that Ajit Pawar is the head of NCP legislative party,& has signatures of 54 NCP MLAs are supporting him.

10:43am: Solicitor General Tushar Mehta says I am appearing for the secretary to the governor not for the governor.

— India Legal Bureau

Also Read: Full text of judgement by the bench led by Justice NV Ramana on the Maharasthra crisis

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