Maharashtra power tussle: SC to rule on floor test plea today

NEW DELHI: The Supreme Court will rule Tuesday on the plea by the Shiv Sena, Nationalist Congress Party (NCP) and Congress for an immediate vote to test chief minister Devendra Fadnavis’ majority on the floor of the Maharashtra assembly.

The chief minister’s counsel resisted the demand for an urgent vote, arguing that Bharatiya Janata Party’s Fadnavis had been invited by governor Bhagat Singh Koshyari to form a government as he headed the largest post-poll alliance in the state and would prove it in time. The row over his surprise appointment as chief minister saw disruptions in and outside Parliament with political parties accusing the Centre and the governor of bias.

“There is nothing mala fide in the governor’s actions,” said senior advocate Mukul Rohatgi, counsel for Fadnavis.


“The governor based his (decision) on the basis of material before him. He is not expected to go on a fishing expedition. He now has letters of support,” said Rohatgi.

The governor had given Fadnavis 14 days to prove his majority and the court cannot hurry him, Rohatgi said. Koshyari had recommended the withdrawal of President’s rule and sworn in Fadnavis as chief minister and Ajit Pawar as his deputy early November 23, frustrating a move by the Shiv Sena-NCP-Congress combine to form a government.

The bench was led by justice NV Ramana, who’s in line to be chief justice. Alongside him were justices Ashok Bhushan and Sanjiv Khanna.

Following the October 21 election, the BJP won the most seats

(105) in the 288-member assembly followed by the Shiv Sena (56), NCP (54) and Congress (44).

The Sena ended its ties with the BJP after a dispute over power sharing and had pitched to form the government in alliance with the NCP and Congress on the evening of November 22. However, Fadnavis was sworn early on November 23 after he said NCP members led by Ajit Pawar had thrown in their lot with the BJP. The latter’s uncle and NCP leader Sharad Pawar said Monday that most of the party’s MLAs hadn’t joined his nephew.

The Supreme Court has usually mandated quick votes to check horse trading. “Floor test is the best,” it had said in the SR Bommai case, which stands as precedent. The bench seemed to back this view when Justice Sanjiv Khanna observed: “Yesterday the NCP (Sharad Pawar) said that you (Ajit Pawar) don’t have 54 MLAs. Now the question is whether the CM has a majority? The only issue is should he face a floor test?”

Solicitor general Tushar Mehta, who appeared for the governor’s secretary, said Koshyari’s actions were “bona fide.”

He placed before the court the letter by Fadnavis to the governor staking his claim and that from Ajit Pawar pledging the support of 54 NCP MLAs, received on November 22, as well as the governor’s invitation to Fadnavis to form the government. The governor was fully aware that the pre-poll alliance between the Sena and the BJP had ended, he said.

“He waits from the day results are declared till November 9,” Mehta said. “He invites the BJP, the Sena, the Congress as per their respective party strengths. All of them say they can’t (form a government). So he imposes President’s Rule.”

Rohatgi said this justified the governor’s actions.

“As far as I am concerned the NCP through Ajit Pawar joins me with 54 MLAs. Armed with this, I approach the governor to give me another chance. He calls and I go,” Rohatgi said. “Where is their case? What should the governor do? We are talking 170 MLAs here. The magic (majority) number is 145. He says alright and swears me in. Now it is being said that the letters were procured for something else.”

He conceded that a vote would have to be held but asked for time.

“He will have a floor test. There has to be one. It is imperative,” Rohatgi said. “Right or wrong, I have 54 MLAs. Can they say order immediate floor test? A floor test will be the first thing on the agenda after members are sworn in. Can the court say not 10 but two days?”

He insisted that the vote would happen once members were sworn in and the House elected a speaker.

“The allegation is horse trading but the whole stable has gone to us,” Rohatgi said.

Ajit Pawar said he had the support of all 54 NCP legislators. “I am the NCP,” said senior advocate Maninder Singh, counsel for Ajit Pawar. “The list of 54 is correct. I am the leader of the NCP legislature party. I will sort out the quarrel with (Sharad Pawar).”

The Sena through senior advocate Kapil Sibal contested the chief minister’s claim of enjoying a majority. “Some of my jockeys may have run away but the stable is there,” he said.

“Why did the governor act only after the Sena had declared that it would stake claim to form a government? Everything happened between 7 pm to 5.17 am. Governor waited for a month but could not wait for 24 hours? He swears in Fadnavis. The governor’s action is mala fide. There is nothing on record to show national emergency that warranted withdrawing President’s Rule without cabinet nod.”

The pre-poll alliance had broken as the BJP backtracked on promises to the Sena, which felt it could form a government with the NCP and Congress, he said.

“It took time as there were ideological issues. Now the Sena, NCP and Congress have 154 (148 plus seven independents) MLAs,” Sibal said. “Ajit Pawar has been removed as leader of the NCP legislature party. We are seeking an immediate floor test.”

Senior advocate Abhishek Manu Singhvi, speaking for Sharad Pawar’s NCP, claimed that not a single MLA of the party had spoken up in favour of Ajit Pawar. “Where is the resolution of the NCP legislature party backing him?” Ajit Pawar can’t claim to be the NCP, Singhvi said.

The signatures had been procured for his appointment as NCP legislature party leader, he said.

Singhvi contested Rohatgi’s insistence on having the speaker elected before a floor test and was backed up by Sibal.

“All floor tests are done under a pro tem speaker (usually the senior most member of the House),” Sibal said. “None of the court rulings say anything about a speaker.”

Singhvi said the appointment of a speaker would show that the chief minister enjoyed a majority on the floor of the House. “Then a whip will be issued by Ajit Pawar and disqualification proceedings will ensue.”