Shiv Sena chief Uddhav Thackeray (Photo: AP)
Shiv Sena chief Uddhav Thackeray (Photo: AP)

Shiv Sena moves SC against Maharashtra Governor Koshyari's decision

Shiv Sena has alleged the decision of Governor Bhagat Singh Koshyari rejecting their request on 11 November is arbitrary, unconstitutional, unreasonable, capricious and malafide

The Shiv Sena has moved to Supreme Court on Tuesday with a writ petition challenging the decision of the Maharashtra’s Governor, rejecting the request for granting three days time to Shiv Sena to form government in the State of Maharashtra.

The petition, filed through the parties authorized signatory Anil Dattatray Parab, is filed against the Centre, state of Maharashtra, Nationalist Congress Party and Indian National congress.

The Shiv Sena has alleged the decision of Governor Bhagat Singh Koshyari rejecting their request on 11 November is arbitrary, unconstitutional, unreasonable, capricious and malafide." They have also claimed that the Governor cannot decided who enjoys a majority without the party which stakes claim being given adequate opportunity to do so on the floor of the house. They have also alleged that the decisions of the Governor is violative of Article 14 and Article 21 of the Constitution.

The petitioner contend that the decisions of elections to the Fourteenth Maharashtra Legislative Assembly were declared on 24.10.2019 and the Governor did not take any action in inviting any political party to form the Government for almost 18 days. Further on 09.11.2019, Governor called upon the BJP to indicate its willingness and ability to form the Government and gave it 48 hours to to prove that it has the requisite majority. The BJP declined to form the Government on 10.11.2019.

Shiv Sena stated that while the BJP was granted 48 hours to show its majority, the Petitioner’s claim was rejected within a period of 24 hours despite the categorical assertion of the Petitioner that it has the majority and that it be given three days’ time to demonstrate the same.

The petitioners have moved to Supreme court and have sought directions for quashing the decisions of the Governor and to declare it illegal, void-ab-inito and violative of Article 14 of the constitution. The directions also include for the Governor to grant reasonable time to petitioners.

They also seek direction to the Governor, “declaring that the assessment of the majority in support of the Petitioner in the Maharashtra Legislative Assembly has to be ascertained only on the floor of the house and cannot lie only with the subjective satisfaction of the Governor."

The case is most likely to be mentioned by Senior Advocate Kapil Sibal before the bench headed by Justice SA Bobde , on Wednesday.

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