New Delhi, November 24: The Supreme Court on Sunday referred to the limitless sky when the Bharatiya Janata Party questioned the plea filed by the Shiv Sena, NCP and Congress against the Maharashtra government formation.
Attorney general Mukul Rohatgi had raised the point on behalf of the BJP as the top court was hearing the petition by the three parties challenging Maharashtra Governor BS Koshyari’s decision to invite Devendra Fadnavis to form the state government in the early hours of Saturday.
“In this court, sky is the limit, anybody can ask for anything. Any person can ask to make him the Prime Minister,” Justice NV Ramana said, according to news agency ANI.
The Supreme Court has ordered the Centre to produce Maharashtra Governor Bhagat Singh Koshyari’s letter to BJP’s Devendra Fadnavis to form a government in the state by 10:30am on Monday.
A three-judge bench of Justice NV Ramana, Justice Ashok Bhushan and Justice Sanjiv Khanna also asked the Centre to produce the letters of support by legislators submitted by Fadvavis to the governor.
Before that the Sena, NCP and Congress had urged the top court to direct Governor Koshyari to conduct a floor test and let Fadnavis prove majority on the floor of the House on Sunday itself.
On its part, the BJP said Koshiyari’s decision is not subject to judicial scrutiny and sought from the Supreme Court two to three days’ time to prove its majority on the floor of the assembly.
“The Supreme Court can’t direct the governor to hold floor test in a day’s time,” Mukul Rohatgi, who appeared for the BJP, said.
The senior lawyer argued that the governor exercised individual discretion in inviting Fadnavis to form the government.
The joint petition filed in the top court by the Sena, NCP and Congress late on Saturday came after Devendra Fadnavis returned as the chief minister for the second time propped up by the NCP’s Ajit Pawar, who was made his deputy, in a dramatic turn of events.
They asked the court to issue a direction to the governor to invite their alliance, Maha Vikas Aghadi, to form the government. The alliance totals 154 MLAs, a majority in the 288-seat assembly.
The early morning development came just hours after the new alliance of Shiv Sena, NCP and Congress reached a consensus that Sena chief Uddhav Thackeray will be their chief ministerial candidate. (Agencies)