Utkarsh Anand Profile picture
National Legal Editor, Hindustan Times Past: CNN-News18, Indian Express, Press Trust of India

Nov 25, 2019, 28 tweets

#SupremeCourt hearing in #MaharashtraGovtFormation case to begin shortly.

Sr adv Mukul Rohatgi to appear for #DevendraFadnavis while Sr adv Maninder Singh will represent #AjitPawar today.

Solicitor General Tushar Mehta will need to adduce all relevant records in the court today at the outset to enable the judges examine the Governor's decision.

#MaharashtraGovtFormation

#SupremeCourt clarifies it hasn't so far issued notices on the prayer to invite Sena alliance to form the government as a lawyer seeks his petition be also hears along with the present matter.

#MaharashtraGovtFormation

SG Tushar Mehta commences arguments, raised preliminary objections to judicial review of the Governor's decision.

Mehta narrates the time line. Governor waited since Oct 24 th to Nov 9th but no party came forward to form the government.

#MaharashtraGovtFormation

My Lordships would have heard about horse trading but this could be a case where the entire stable has been stolen: Tushar Mehta submits to SC in #MaharashtraGovtFormation

Mehta says he is appearing for the Secretary of the Governor since Governor can't be a party in person. He seeks some time to file a detailed reply on behalf of the Governor in the #MaharashtraGovtFormation case.

Mega submits documents to show #AjitPawar submitted a letter of support to the Governor with signatures of 54 NCP MLAs.

Mehta submits documents to show #AjitPawar submitted a letter of support to the Governor with signatures of 54 NCP MLAs.

Following Ajit Pawar's letter dated 22nd Nov, Fadnavis staked claim along with letters of support of 11 independent and other MLAs. The Governor then wrote to the President, requesting for revocation of the President's Rule.

#MaharashtraGovtFormation

With parties changing stands and politicians changing stand, how can the Governor act seeing what may happen in the future, Mehta tells SC adding there was no reason for the Governor to doubt the letters of support.

#MaharashtraGovtFormation

Rohatgi, appearing for #DevendraFadnavis, starts by saying that his pre-poll alliance partner is turning a foe from a friend.

"It is a family feud. One Pawar was with me, another Pawar with them. But I went to the Governor with 170 MLAs supporting me," Rohatgi tells SC.

"Nobody says the letter of support is fabricated. It is the other Pawar and the parties which are indulging horse trading," argues Rohatgi.

#MaharashtraGovtFormation

SC observes that the only question today is whether the CM enjoys the majority in the House or not. Rohatgi replies floor-test is imperative but once this court finds the Governor's decision was not wrong, this court can't set a timeline etc.

#MaharashtraGovtFormation

"It is for the Governor to decide all this. There will be a Speaker chosen and he will then proceed with the floor-test as the first agenda of the house. But there is nothing left for the SC to decide since there is nothing wrong with the Governor's decision": Rohatgi

SG Mehta: "Can a party come to this court and say if a floor test doesn't take place within 24 hours, my MLAs could run away again? Can SC monitor the proceedings of the House? It is constitutionally barred after all."

#MaharashtraGovtFormation

The Governor after all has invited the single largest party. BJP has more than double the numbers on its own. It isn't as if any imposter is going to run the government. No interim order should be passed vy this court: SG Mehta

Pawar's lawyer Maninder Singh argues: "There is nothing to contradict my list. I was authorised to lend support on the day I gave that letter. I will resolve disputes within my party but this petition must end now."

#MaharashtraGovtFormation

Ajit Pawar tells #SupremeCourt: "I am NCP".

His lawyer Maninder Singh adds this court couldn't have entertained this petition since SC has held in the #Karnataka case that leap-frogging can't be allowed.

#MaharashtraGovtFormation

Rohatgi, for #DevendraFadnavis, now argues on two aspects:

* No interim order on the floor test can be passed

* Let this matter be referred to a Constitution Bench for adjudication of larger points of law.

#MaharashtraGovtFormation

Sibal begins for #ShivSena by saying the jockey might have run away but horses are still here.

"We would have staked claim on 23rd if this wouldn't have had happened. What was the national emergency to revoke President's Rule at 5 AM and appoint a CM at 8 in the morning?" Sibal

Pre-poll alliance fell out since promises made before elections were not honoured. And there were ideological differences too, Shiv Sena's lawyer Kapil Sibal tells SC, adding he has original affidavits of 154 MLAs supporting the Sena alliance.

#MaharashtraGovtFormation

#SupremeCourt refuses to go into aspect of revocation of President's Rule, points out this isn't a part of their petition and the Sena petition didn't even challenge it.

#MaharashtraGovtFormation

AM Singhvi appears for NCP, Congress, tried to place on record affidavits signed by 154 MLAs to show their support but the #SupremeCourt refuses to accept it, saying it can't now expand the scope of the petition. Singhvi withdraws the affidavits.

#MaharashtraGovtFormation

Singhvi also presses for a floor test today or tomorrow. Tushar Mehta interferes, saying when a letter was submitted to the Governor to withdraw Ajit Pawar's authority, 12 signatures were missing.

#MaharashtraGovtFormation

Rohatgi: "The plea now is to have this court act as the Speaker of the House and decide on everything. Speaker is yet to be chosen, house is to be convened but they want the Supreme Court to preempt everything."

#MaharashtraGovtFormation

"" Governor has given 14 days but it isn't 14 months. Should this court now substitute the Governor's views with its own?" asks Rohatgi. He adds will this court also give a timeline for everything, including when should the MLAs have their lunch on the day of the floor-test.

Appearing for #DevendraFadnavis, Rohatgi opposes floor test by a protem speaker. He says the business of the House should be allowed to continue and only a full-time speaker should conduct the floor test. He opposes any order on floor test.

#MaharashtraGovtFormation

#SupremeCourt reserves its order. In the #MaharashtraGovtFormation for 10.30 AM tomorrow.

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