Supreme Court’s three-judge bench comprising of N.V. Ramana, Ashok Bhushan and Sanjiv Khanna, JJ., heard the Congress-NCP-Shiv Sena’s plea today against the decision of the Maharashtra Governor inviting Devendra Fadnavis to form the Government.

Petitioners had requested the Supreme Court to order a floor test to held on Sunday itself.

Counsel representing the parties:

Shiv Sena: Senior Advocate Kapil Sibal

NCP: Senior Advocate Dr A M Singhvi

BJP: Senior Advocate Mukul Rohatgi and Solicitor General Tushar Mehta.

Order given by Supreme Court in Today’s Hearing:

Supreme Court issues notice to Centre, Maharashtra Govt, Devendra Fadnavis & Ajit Pawar on Congress-NCP-Shiv Sena’s plea. Court requested Solicitor General Tushar Mehta to produce relevant documents from Guv’s letter for inviting BJP to form govt & letter of support of MLAs by 10.30 am tomorrow.

“We have taken note of all the arguments, particularly the argument that the Governor’s decision dated 23-11-2019 inviting the Respondent No.3 to form a Government on 23-11-2019 is unconstitutional. With regard to the second prayer as at `b’, we are not going to consider the same at present. As adjudication of the issues and also the interim prayers sought by the petitioners to conduct floor test within 24 hours has to be considered after perusing the order of the Governor as well as the letters submitted by Mr. Devendra Fadnavis – Respondent No 3, even though none appeared for the State Government, we request Mr Tushar Mehta to produce those two letters by tomorrow morning at 10.30 a.m. when the matter will be taken up, so that appropriate order will be passed.”

Issue involved is the Governor’s decision dated 23/11/19 inviting them to form a government is unconstitutional.

Following are the documents to be produced tomorrow:

— Governor’s order on November 23, inviting Fadnavis to form a government

— The correspondence/letter of Fadnavis to the Governor claiming majority

[Shiv Sena v. Union of India, 2019 SCC OnLine SC 1501, decided on 24-11-2019]

Live Tweets from the Hearing:

  • #MaharashtraPolitics #KapilSibal appearing for #ShivaSena in SC, on Shiv Sena, NCP & Congress’ plea against the decision of Guv inviting Devendra Fadnavis to form govt: Court should order floor test today itself.
  • #Singhvi contends that How did Ajit Pawar become NCP when 41 of 54 elected NCP members signed a document at 3.30 pm on Nov 22 saying Pawar is not NCP legislative party leader.
  • #AbhishekManuSinghvi: Obligations of the Governor is to form a prima facie satisfaction of the majority on a written document. The document must have signatures, physical verification, satisfaction based on these things. This is the criterion.
  • #Rohatgi says there was no need for a Sunday hearing Justice Bhushan says that it is a prerogative of the #chiefjusticeofindia
  • Referring to the Jagadambika Pal case, #Singhvi says, “The only agenda would be to conduct a floor test between the competing parties. This is composite. May the best man win.
  • #Rohatgi: There are some things that are with the President which are not even open to judicial intervention.
  • #Rohatgi: Governor’s decision made yesterday is not open for judicial review. Art. 361, the President or Governor shall not be answerable to any court.
  • Ramana J.: These issues have been settled. Governor cannot just appoint anyone.
  • #MaharashtraCM #Rohatgi: Can the SC order the Governor to advance floor test? The petition is without annexures, they don’t know anything, they were sleeping for three weeks.
  • There is no supporting document to their claims. Senior advocate Mukul Rohatgi appeared for some BJP and independent MLAs, says this plea should have been filed in Bombay HC.
  • Sibal: Fadnavis has numbers, let him prove it on the floor of House, else we have numbers to form govt in Maha
  • Shiv Sena-NCP-Congress seeks SC direction for the composite floor test today itself.
  • Act of Governor recommending revocation of President’s rule ‘smacks’ of bias: Sibal to SC hearing Maha case

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