Shiv Sena moves SC against order

New Delhi: The Shiv Sena on Tuesday moved the Supreme Court challenging the Maharashtra governor’s decision of not granting it the three days to submit the letter of support for government formation in the state.

The lawyers, appearing for the Shiv Sena, said that they have made a request to the registrar for according urgent hearing on Tuesday itself and they are yet to get a response.

The Shiv Sena has sought a direction from the apex court to quash the governor’s Monday decision not giving it the opportunity to prove majority on the floor of the House.

In a petition, filed through advocate Sunil Fernandes, the party claimed it was invited to form government on Monday and had indicated willingness to do so on Tuesday.

The governor’s decision is unconstitutional, discriminatory, unreasonable, capricious and mala fide, the party said in the plea, adding that “the governor can’t act in a manner to only suit the majority political party” at the Centre or act on the central government’s “diktats”.

“The petitioners are constrained to move the writ petition under Article 32 of the Constitution seeking urgent reliefs against the arbitrary and mala fide actions of the Maharashtra governor who in hot haste has on November 11 refused to grant even three days time to the petitioner to demonstrate that it has the requisite majority to form government in the state,” according to the plea.

In the petition, the Sena contended that the governor’s decision was violative of articles 14 and 21 of the Constitution. “It is ex facie arbitrary, unreasonable, capricious and mala fide exercise of power in order to ensure that Shiv Sena is precluded from getting a fair and reasonable opportunity of proving majority on the floor of the House” it said.

The plea 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 government on November 10 and the petitioner had indicated its willingness to form the government on November 11, it said. The governor, as per the law, ought to have invited the petitioner to form government and direct it to prove its majority on the floor of the House,” as per the petition.

It claimed that there was ample constitutional convention to show that the next largest party has been invited to form government and to demonstrate its strength on the House floor.