Maharashtra political drama moves to Supreme Court.

Source – indiatoday.in

With the President’s Rule now imposed in Maharashtra, the political battle is set to move to the Supreme Court as the Shiv Sena is likely to challenge the imposition of President’s Rule.

Events unfolded rapidly on Tuesday as the Shiv Sena initially filed a plea before the apex court challenging Governor Bhagat Singh Koshyari’s decision to deny their demand for 72 hours to submit letters of support and form the government.

Even as the news was breaking from Maharashtra that the governor was taking legal opinion on recommending President’s Rule, the legal team for the Shiv Sena reached the apex court seeking an urgent hearing on their petition.

At about 3 pm, the lawyers for the Shiv Sena reached the Supreme Court with a plea for the court to quash the decision of the governor, by which he had denied the request of the Shiv Sena to grant three days time to get the letters of support.

Claiming that the Sena had “in-principle support” from the NCP and the Congress, the plea alleged that Governor Koshiyari was acting “at the behest of the Centre” in an “arbitrary and malafide manner”.

“Governor cannot act as a stumbling block for thwarting/stalling a political party from forming the government,” said the plea, while arguing that “reasonable time” was not granted to Shiv Sena, even though it had won the second-highest number of seats. Shiv Sena also said they had informed the governor that talks were on with the NCP and Congress, and eight independents had pledged support to Shiv Sena to form the government.

“Governor’s refusal and hot haste in acceding to the petitioner’s request for even three days to prove its majority smacks of arbitrariness, malafides and is nothing but a deliberate attempt by the Hon’ble Governor to ensure that the petitioner does not form the government in the state of Maharashtra,” said the plea.

The clear antagonism between the BJP and Sena also showed in the wording of the plea, where it was argued that “any imposition of President’s Rule would also result in horsetrading by the BJP and to somehow cobble up a majority by using unconstitutional means. It is submitted that in these circumstances any precipitative action by the governor to enable the BJP to acquire the MLAs by poaching would be an anathema to democracy and cannot be countenanced.”

However, by 3:30 pm, the governor had communicated his recommendation for President’s Rule to the Centre, even as the SC registry was considering the request of the lawyers for an urgent hearing.

By 4 pm, the legal team started preparing a second plea, this time challenging the governor’s recommendation.

Later in the evening, as the Union Cabinet approved imposing President’s Rule in Maharashtra, the legal team had to make the required changes in the draft petition.

The President’s Rule was approved by President Ram Nath Kovind by 05:30 pm.

By 6:40 pm, the SC registry informed the lawyers that the court would not give an urgent hearing to the first petition, and asked the lawyers to mention the matter on Wednesday morning before the CJI for an urgent hearing.

The second plea, challenging the President’s Rule was not yet filed by the end of the day.

Speaking to India Today TV, Senior Advocate Kapil Sibal, who is representing the Shiv Sena in the case, said that the fresh plea will likely be moved before the apex court on Wednesday morning, and a request will be made for an urgent hearing.