The Supreme Court on Sunday directed the Centre to produce by Monday morning Maharashtra governor's letter inviting the Bharatiya Janata Party (BJP) to form government in the state. The court also ordered the Centre to submit the letter given by Devendra Fadnavis to the governor showing support/majority for the government formation.
The apex court passed the direction while hearing a joint plea filed by Shiv Sena, Nationalist Congress Party and Congress against the decision of Maharashtra Governor inviting BJP's Fadnavis to form the government.
The three-judge bench headed by Justice N V Ramana and comprising Justices Ashok Bhushan and Justice Sanjiv Khanna also issued notices to all the respondents in the case.
The Supreme Court functioned on a Sunday morning to hear the case. The case will be next heard on Monday at 10:30 am before the same bench.
Senior advocate Kapil Sibal, appearing for Shiv Sena, senior advocate Abhishek Manu Singhvi, appearing for NCP, vehemently argued for a floor test in the next 24 hours to prove their majority in the House.
Senior advocate Mukul Rohtagi, appearing for BJP and 'some' independent MLAs, and Solicitor General Tushar Mehta, appearing for the Central Government, said the political parties should have approached the Bombay High court before moving the Supreme Court.
Rohtagi argued that the actions of governor are immune under Article 361 of the Constitution. He also said the decision of the governor under the exercise of his powers of his office are not open to judicial review.
"The house respects the court and court respects the house," said Rohtagi while stating that the court and office of Governor are independent bodies and should not pass directions to each other.