The Supreme Court will pass orders on the issue related to the swearing-in of Devendra Fadnavis and Ajit Pawar and the floor test to be taken up on Monday (November 5) at 10: 30 am.
New Delhi: The Supreme Court would pass appropriate orders on a petition filed by the Shiv Sena, NCP and Congress on the Maharashtra issue tomorrow (November 25). A bench headed by justice NV Ramana posted the matter for hearing tomorrow.
The court directed Solicitor General, Tushar Mehta to produce before it the letter of the Governor inviting Devendra Fadnavis to form the government by tomorrow. The court said that the letter should be placed before it at 10.30 am, following which it would peruse the same and pass appropriate orders.
The Shiv Sena, Congress and NCP had moved the SC seeking a directive for the floor test to be conducted immediately. Kapil Sibal appearing for the Sena said that the floor test be conducted immediately.
Mukul Rohatgi however argued that the matter ought to have been listed before the High Court. He also questioned the logic of hearing the matter on a Sunday and said it ought not to have been listed. Further, he also said that the petitioners had come to court after sleeping for 19 days.
Senior counsel, Abhishek Manu Singhvi said that the composite floor test should be ordered and they should be asked to prove their majority. He also questioned the decision by the Governor.
Rohatgi however countered the claim and said that the Governor and President have some discretion and immunity under Article 361 to choose a person who stakes a claim and appoint him as chief minister or prime minister. Though ultimately the majority has to be proven on the floor of the House, his decision is not subject to judicial scrutiny, Rohatgi also argued.
Rohatgi also said that the SC should respect the House. The court cannot order floor test to be conducted on the floor of the House. The SC should respect the House and the House should respect the SC, he also said.
Rohatgi said that the petitioners were sleeping for 19 days and now they want a floor test immediately. I will bring out all the facts, Rohatgi said while seeking two to three days more.
The court said that while hearing the matter tomorrow, the letter by Fadnavis staking claim to form the government would also be looked into. We will take a call only after looking into all aspects, the court said while adjourning hearing on the matter for tomorrow.
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