Thread by @barandbench

Live updates from the Supreme Court on the Maharashtra Government formation to begin at 1030.

Supreme Court to pass an order after seeing the two letters.

#MaharashtraCrisis #MahaPoliticalTwist #SupremeCourt

Senior Counsel Kapil Sibal and Abhishek Manu Singhvi, SG Tushar Mehta and Mukul Rohatgi in the Courtroom. @KapilSibal @DrAMSinghvi

Bench headed by Justice NV Ramana and comprising of Ashok Bhushan and Sanjiv Khanna assembles.

#MahaPoliticalTwist #SupremeCourt #MaharashtraPolitics @INCIndia @BJP4India @ShivSena @NCPspeaks

Solicitor general Tushar Mehta begins to make his submissions, apprises the Court of the series of events that took place as regards invitation to form government. #MahaPoliticalTwist

SG Tushar Mehta says he's arguing for the Secretary to the Governor

#MahaPoliticalTwist #SupremeCourt

Mehta: Letter was given by Ajit Pawar on November 22. The letter says that all the elected MLAs had elected me as the head of the NCP

#MaharashtraCrisis #MahaPoliticalTwist #SupremeCourt #MahaSurprise

Mehta: The list of 54 elected MLAs (of NCP) was attached to the letter and said that NCP was extending support to the BJP.

#MaharashtraCrisis #MahaPoliticalTwist #SupremeCourt #MahaSurprise

Mehta: The Governor (file photo: Shri Bhagat Singh Koshyari) is not required to go on a roving and fishing inquiry

Mehta reads out the letter that Devendra Fadnavis had placed before the Governor. This letter (of @Dev_Fadnavis ) also mentions the letter written by Ajit Pawar extending support of 54 NCP MLAs. Based on this material, Fadnavis staked claim to form Govt

#MahaPoliticalTwist

@Dev_Fadnavis Mehta: Governor invited BJP to form Govt and has given them time till Nov 30 to prove majority. But now such time has come that the post poll alliance is seeking floor test immediately in 24 hours.

#MaharashtraCrisis #MahaPoliticalTwist #SupremeCourt #MahaSurprise

@Dev_Fadnavis Senior Counsel Mukul Rohatgi begins to make his submissions.

@Dev_Fadnavis Rohatgi submits that through the weekend some of the MLAs went with Ajit Pawar and Fadnavis and now these MLAs are extending support to Sharad Pawar.

#MahaPoliticalTwist

@Dev_Fadnavis Rohatgi (Arguing for Fadnavis): I met Ajit Pawar, his letter had enclosure of list of names of NCP MLAs supporting me (@Dev_Fadnavis ) @AjitPawarSpeaks

@Dev_Fadnavis @AjitPawarSpeaks Rohatgi: Governor acted reasonably because he acted on the material placed before him.

#MahaPoliticalTwist #MahaSurprise #SupremeCourt

@Dev_Fadnavis @AjitPawarSpeaks Rohatgi: Yesterday we heard a chorus - "How could Governor act like this"

Governor acted correctly.

The signatures (of NCP MLAs) were there in the letter.

#MahaPoliticalTwist #SupremeCourt

@Dev_Fadnavis @AjitPawarSpeaks Justice Khanna: The question today is does the CM enjoy majority in the House?

Rohatgi: Their attack on Governor was unfounded.

@Dev_Fadnavis #MahaPoliticalTwist #SupremeCourt

@Dev_Fadnavis @AjitPawarSpeaks Rohatgi: Question is - Is there substance in the main matter for the Court to pass interim orders?

My submission is that there is no substance.

#MahaPoliticalTwist #SupremeCourt #MahaSurprise

@Dev_Fadnavis @AjitPawarSpeaks Rohatgi: The procedure of the Assembly is Protem Speaker will be appointed, he will administer oath to the MLAs, they will then elect a speaker and then the floor test will be conducted.
#MahaPoliticalTwist #SupremeCourt #MahaSurprise

@Dev_Fadnavis @AjitPawarSpeaks Tushar Mehta adds, can one party say that "we have somehow managed the flock together and if the floor test doesn't take place in 24 hours, they'll go away?"

#MahaPoliticalTwist #SupremeCourt #MahaSurprise

@Dev_Fadnavis @AjitPawarSpeaks Senior Counsel Maninder Singh makes submissions on behalf of Ajit Pawar

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis @AjitPawarSpeaks

@Dev_Fadnavis @AjitPawarSpeaks Singh: I (Ajit Pawar) acted as the Leader of the NCP and there is nothing to the contrary to show that I was not the NCP leader on November 22

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis @NCPspeaks @AjitPawarSpeaks

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks Singh: I am NCP

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis @NCPspeaks @AjitPawarSpeaks

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks Singh: Point is whether the Court will entertain the proceedings after being satisfied by the documents/letters (of 54 NCP MLAs) and nothing contrary to the letters has been shown.

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks Rohatgi: Can directions be issued to Governor who is immune?

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks Kapil Sibal recounts the events that transpired on Friday and Saturday as regards announcement of the common minimum programme and swearing in.

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis @KapilSibal

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal Sibal: When the Governor waited for so many days, what was the emergency that required revocation of President's Rule at 5.47 in the morning and installing a Govt at 8 am.

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis @KapilSibal @rashtrapatibhvn

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn Sibal: Everything happened between 7 PM on Friday and 5AM on Saturday morning. This was done to preempt forming of the Govt of the three party alliance (@ShivSena , @NCPspeaks and @INCIndia )

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis @KapilSibal

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia Sibal: The pre poll alliance between BJP and Shiv Sena fell out because promises were not kept.

It had nothing to do with the NCP or the Congress.

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis @KapilSibal @NCPspeaks @INCIndia @BJP4India

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India Sibal: It was only after the pre poll alliance fell out (of BJP and Shiv Sena) that we decided to go for an alternate Government.

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis @KapilSibal @NCPspeaks @INCIndia @BJP4India

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India Sibal: Today Ajit Pawar is saying he had the support (of 54 NCP MLAs) but he has been removed from that position from NCP.

If they have the majority then why should they shy away from the floor test.

#MahaPoliticalTwist #SupremeCourt #MahaSurprise #MaharashtraCrisis

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India Singhvi appearing for NCP: Today there is a peculiar case before your lordships that both sides agree that there should be a floor test.

The question is a narrow one - As to when the floor test should be held?

#MahaPoliticalTwist #MahaSurprise #MaharashtraCrisis @DrAMSinghvi

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Singhvi: There was a list of signatures (of 54 NCP MLAs), but did it say that the MLAs were agreeing to support the BJP.

There can be signatures without a covering letter

#MahaPoliticalTwist #MahaSurprise #MaharashtraCrisis @DrAMSinghvi

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Singhvi: This is a murder of democracy!

#MahaPoliticalTwist #MahaSurprise #MaharashtraCrisis @DrAMSinghvi

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Singhvi: The "how" of the floor test is important here.

Regardless of the party, the Senior most member of the House should be appointed Protem Speaker

#MahaPoliticalTwist #MahaSurprise #MaharashtraCrisis @DrAMSinghvi

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Floor test should be held immediately thereafter.

"Immediately" is important!

#MahaPoliticalTwist #MahaSurprise #MaharashtraCrisis @DrAMSinghvi #SupremeCourt

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Singhvi: It is for the purpose to preserve the purity of democracy that every order passed by the Supreme Court in the past has held that floor test to be held within 24 hours.

#MahaPoliticalTwist #MahaSurprise #MaharashtraCrisis @DrAMSinghvi #SupremeCourt

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Rohatgi makes rejoinder submissions. He says rules for the Assembly are framed in the Constitution.
#MahaPoliticalTwist #MahaSurprise #MaharashtraCrisis #SupremeCourt

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Rohatgi: The Governor in this case has given 14 days for floor test.

Can the Court reduce this to 3 or 4 days, when there is no gross or substantive illegality.

Will that not be opposed to Article 212 (Article 212: Courts not to inquire into proceedings of the Legislature? )

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Mukul Rohatgi: The most important thing right now is :
1) the procedure of Appointment of Protem Speaker,
2) Oath,
3) Election of Speaker, and
4) Agenda.

This is also what the rules state.

#MahaPoliticalTwist

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Rohatgi: The procedure should be followed.

The floor test should be conducted after election of speaker and therefore it should not be today or tomorrow but according to the rules.

Correct thing should be done.

#MahaPoliticalTwist #MaharashtraCrisis #SupremeCourt

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Sibal: Once the Speaker has the confidence of the House, then the legislative proceedings start and the Article 212 comes into play.

*(Article 212: Courts not to inquire into proceedings of the Legislature)

#MahaPoliticalTwist #MaharashtraCrisis #SupremeCourt
@KapilSibal

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi @KapilSibal : To ensure that the Speaker is one who enjoys the confidence of the House, I request you exercise your jurisdiction under A 142 and pass orders

@DrAMSinghvi : Let us ask why Mr. Rohatgi is pressing for a regular Speaker

Rohatgi: Because Constitution provides for it

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Solicitor General Tushar Mehta reiterates and requests for time to reply, says he has some more material he wishes to place on record.

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi Court reserves its order to be pronounced tomorrow at 10.30 AM

#MahaPoliticalTwist #MaharashtraCrisis #SupremeCourt

@Dev_Fadnavis @AjitPawarSpeaks @NCPspeaks @KapilSibal @rashtrapatibhvn @ShivSena @INCIndia @BJP4India @DrAMSinghvi [Breaking] Maharashtra Political Crisis: Supreme Court to pronounce order at 10:30 tomorrow #MahaPoliticalTwist #MaharashtraPoliticalCrisis #Maharashtra #SupremeCourt @NCPspeaks @INCIndia @BJP4India @Dev_Fadnavis @ShivSena

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