Business Standard

Shiv Sena not to mention plea in SC against Guv's refusal for more time

The lawyer representing Shiv Sena said another petition challenging the imposition of President's rule in the state was being readied

Topics
Shiv Sena | Maharashtra Assembly Elections | Maharashtra government

Press Trust of India  |  New Delhi 

Uddhav Thackeray
Uddhav Thackeray

The will not mention in the on Wednesday its plea challenging the governor's decision of not granting it 3 days time for getting letter of support for government formation in Maharashtra, according to the party lawyer.

The lawyer representing in the apex court told PTI that the party has preferred not to mention the petition.

Advocate Sunil Fernandes, who had filed the petition on behalf of the Shiv Sena, said on Tuesday that the had asked them to mention the writ petition at 10:30 AM on Wednesday.

The lawyer said another petition challenging the imposition of President's rule in the state was being readied.

The had on Tuesday moved the apex court challenging the Maharashtra governor's decision but failed to get an urgent hearing in the matter.

The Shiv Sena had sought a direction from the apex court to quash the Governor's decision of not giving it the opportunity to prove majority on the floor of the House.

The party had claimed it was invited to form the government on Monday and had indicated its willingness to do so on Tuesday.

In the petition, the Sena had contended that the governor's decision was violative of articles 14 and 21 of the Constitution.

The plea had said the governor's decision rejecting the claim of the Shiv Sena, which is the second largest party with 56 MLAs, to form government is "ex facie arbitrary, unconstitutional and violative of article 14".

The Shiv Sena was invited to form the state government on November 10 and the petitioner had indicated its willingness to form the government on November 11, it said

In the 288-member Maharashtra assembly, the BJP emerged as the single largest party but fell short of the majority of 145 by 40 seats.

The Shiv Sena, which was a BJP ally, garnered 56 seats. While the NCP had 54 seats and Congress had 44.

In the petition, the Shiv Sena had made the ministry of home affairs, the and the Sharad Pawar-led NCP as respondents.

The petition had said as per constitutional conventions and practices, the governor is duty-bound to allow reasonable time for political parties to conclude their negotiation on government formation and not act as an "agent or mouthpiece of the central government".

The governor has to allow reasonable time to political outfits to present the conclusion of their negotiations before taking a decision to reject any claim to form government, it said.

The Union Cabinet on Tuesday recommended President's rule in Maharashtra even as top leaders from the NCP, Congress and Shiv Sena held a flurry of consultations in a bid to tot up the numbers and resolve the impasse over government formation in the state since the assembly polls last month.

Dear Reader,


Business Standard has always strived hard to provide up-to-date information and commentary on developments that are of interest to you and have wider political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering have only made our resolve and commitment to these ideals stronger. Even during these difficult times arising out of Covid-19, we continue to remain committed to keeping you informed and updated with credible news, authoritative views and incisive commentary on topical issues of relevance.
We, however, have a request.

As we battle the economic impact of the pandemic, we need your support even more, so that we can continue to offer you more quality content. Our subscription model has seen an encouraging response from many of you, who have subscribed to our online content. More subscription to our online content can only help us achieve the goals of offering you even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practise the journalism to which we are committed.

Support quality journalism and subscribe to Business Standard.

Digital Editor

First Published: Wed, November 13 2019. 10:45 IST
RECOMMENDED FOR YOU