Maharashtra: SC to examine validity of Governor's satisfaction in 8 weeks

New Delhi: Governor BS Koshyari, who had invited BJP Ajit Pawar combine to form a government in Maharashtra hours after Sena, NCP and Congress publicly announced their intention to stake a claim, is not out of the woods yet, with the Supreme Court on Tuesday saying that it would examine the validity of the governor’s satisfaction in eight weeks.

A three judge bench led by Justice NV Ramana said the SC will deal with the legal issues raised in the Sena petition after getting legal submissions from all sides — the Centre, the governor’s office, as he cannot be personally be asked to defend his actions, and the political parties involved.

The court hinted as much when it listed out the issues which are still to be decided — parliamentary independence, extent of judicial review and the validity of the governor’s satisfaction. Any such satisfaction would have to be based on material before him. The court cannot examine the veracity of the material but only whether his actions were mala fide and manifestly arbitrary.


Any adverse court findings against him will make his continuance in office morally untenable.

“Eight weeks time is granted to the learned counsel for the respondents to file their respective counter affidavits, rejoinder affidavit, if any, is to be filed within four weeks thereafter. The matter to be listed after twelve weeks,” the court said in its order.

The governor’s secretary through SG Tushar Mehta had claimed the governor had material with him to show that CM Fadnavis had the majority with the 54 MLAs with Ajit Pawar.