Senior NCP leader, SR Kohli says the decision is in NCP's favour and not Ajit Pawar, who has only one or two people supporting him.
'Maha' floor test: SC reserves order for tomorrow 10:30 am
'Maha' floor test
19:42 November 25
Senior NCP leader, SR Kohli
13:31 November 25
Congress spokesman Randeep Singh Surjewala talking to media
Congress spokesman Randeep Singh Surjewala said, "We stated before the court that the current Fadnavis government is an illegitimate government."
13:05 November 25
Former Chief Minister of Maharashtra Prithviraj Chavan talking to Media
Former Chief Minister of Maharashtra Prithviraj Chavan after SC proceedings said, "Only the Floor test can reveal the truth as we have no other alternative. The floor test should take place within 24 hours, just like it happened in Karnataka and Uttarakhand."
11:59 November 25
Apex Court reserves its order to be pronounced tomorrow at 10:30 am
11:58 November 25
Kapil Sibal: To ensure that the Speaker is one who enjoys the confidence of the House, I request you exercise your jurisdiction under Article 142 and pass orders.
Singhvi: Let us ask why Mr. Rohatgi is pressing for a regular Speaker.
Rohatgi: Because Constitution provides for it.
Solicitor General Tushar Mehta reiterates and requests for time to reply, says he has some more material he wishes to place on record.
11:53 November 25
Kapil 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)
11:51 November 25
Mukul 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?
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. 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.
11:45 November 25
Mukul Rohatgi makes rejoinder submissions. He says rules for the Assembly are framed in the Constitution.
11:37 November 25
Abhishek Singhvi: This is a murder of democracy! 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. 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.
11:30 November 25
Kapil 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.
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.
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?
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.
11:29 November 25
Kapil Sibal recounts the events that transpired on Friday and Saturday as regards the announcement of the common minimum programme and swearing-in.
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.
Sibal: Everything happened between 7 pm on Friday and 5 am on Saturday morning. This was done to preempt forming of the Govt of the three party alliance.
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.
11:15 November 25
Maninder 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. I am NCP.
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.
Mukul Rohatgi: Can directions be issued to Governor who is immune?
11:10 November 25
Senior Counsel Maninder Singh makes submissions on behalf of Ajit Pawar.
11:05 November 25
Senior Counsel Mukul Rohatgi begins to make his submissions. 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.
Rohatgi (Arguing for Fadnavis): I met Ajit Pawar, his letter had enclosure of list of names of NCP MLAs supporting me. Governor acted reasonably because he acted on the material placed before him.
Justice Khanna: The question today is does the CM enjoy majority in the House?
Rohatgi: Their attack on Governor was unfounded.
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. 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.
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?"
10:54 November 25
Solicitor General Tushar Mehta hands over to SC the original letter of Maharashtra Governor inviting BJP leader Devendra Fadnavis to form government in Maharashtra.
Mehta: Governor invited BJP to form Govt and has given them time till Nov 30 to prove their majority. But now such time has come that the post poll alliance is seeking floor test immediately in 24 hours.
10:45 November 25
Joint petition by NCP-Congress-Shiv Sena in Supreme Court
Solicitor General Tushar Mehta to Supreme Court said, "I have the original documents with me."
SG Tushar Mehta said that he's arguing for the Secretary to the Governor.
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. The list of 54 elected MLAs (of NCP) was attached to the letter and said that NCP was extending support to the BJP. Shiv Sena has 56, NCP 54, INC 44 seats. There was talk about horse-trading but Governor possibly felt that the entire stable is stolen. I'm seeking time to file reply as there are questions which need to be discussed.
10:44 November 25
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.
10:42 November 25
Bench headed by Justice NV Ramana and comprising of Ashok Bhushan and Sanjiv Khanna assembles.
10:32 November 25
Hearing in Supreme Court, on petition jointly filed by the NCP-Congress and Shiv Sena against the formation of BJP-led government in Maharashtra, to begin shortly.
Kapil Sibal and Abhishek Singhvi to represent NCP-Cong-Sena alliance. Mukul Rohatgi will represent Devendra Fadnavis.
SG Tushar Mehta to represent the centre while former ASG Maninder Singh will represent Ajit Pawar in the Apex court today.
10:26 November 25
M Rohatgi, appearing for Maharashtra BJP in SC
M Rohatgi, appearing for Maharashtra BJP in SC said, "Today, record of Governor to be placed. I've seen that along with letter of Fadnavis there was a letter by Ajit Pawar as head of legislative party with signatures of all NCP MLAs. Governor was right in granting an invitation to him to form govt."
10:10 November 25
Shiv Sena leader Anil Desai arrives at the Supreme Court
Shiv Sena leader Anil Desai arrives at the Supreme Court; SC to continue to hear today the petition jointly filed by the NCP-Congress and Shiv Sena against the formation of BJP-led government in Maharashtra
07:20 November 25
Supreme Court asked the centre to produce before the court the governor letters for scrutiny
New Delhi/Mumbai: The government formation in Maharashtra has come under the Supreme Court's scrutiny with the Centre being asked to produce before the court on Monday morning the letters of the Governor inviting Devendra Fadnavis as well as the communication of the BJP leader staking his claim.
As the stunning political drama shifted to the apex court on Sunday, a day after Fadnavis returned as the chief minister, the Shiv Sena claimed that the Sena-NCP-Congress combine has a support of 165 MLAs and can comfortably prove its majority in the Assembly. The BJP also claimed that Fadnavis had the support of 170 MLAs. The majority mark in a House of 288 is 145.
In an unprecedented special hearing on a Sunday, a bench of Justices N V Ramana, Ashok Bhushan, and Sanjiv Khanna, however, rejected the plea by the 3-party combine to direct the Fadnavis government to undertake the floor test within 24 hours, saying this issue would be dealt with only after perusing the two letters.
According to BJP leader Ashish Shelar, Governor Bhagat Singh Koshyari has given time till November 30 to the new government to prove its majority on the floor of the House.
During the 30-minute hearing that began at 11.30 a.m in a packed courtroom, the apex court said the plea of the post-poll alliance, 'Maha Vikas Aghadi', seeking a direction to the Governor to invite them to form government under the leadership of Shiv Sena supremo Uddhav Thackeray would not be considered for the present.
Fadnavis and Ajit Pawar were sworn in by Koshyari at 8 am on Saturday at a hush-hush ceremony in Raj Bhavan in Mumbai after dramatic midnight developments, leading to the lifting of the President's rule. The BJP was propped up by NCP's Ajit Pawar who revolted against his party headed by his uncle Sharad Pawar. Ajit Pawar was made the deputy chief minister.
The top court also issued notices to the Centre, Maharashtra government, Fadnavis and Ajit Pawar on the petition filed on Saturday night by the Shiv Sena-Nationalist Congress Party(NCP)-Congress combine against the Governor's decision to swear in the BJP leader as the chief minister.
Ajit Pawar, meanwhile, set the political circles abuzz with his statement that he is still with the NCP and that Sharad Pawar continued to be his leader. Sharad Pawar for his part said, there is no question of forming an alliance with the BJP. "Ajit Pawar's statement is false, misleading and aimed at creating confusion, false perception among people."
"As adjudication of the issues and also the interim prayers sought by the petitioners to conduct floor test within 24 hours has to be considered after perusing the order of the Governor as well as the letters submitted by Devendra Fadnavis even though none appeared for the state government, we request Tushar Mehta to produce those two letters by tomorrow morning at 10.30 AM when the matter will be taken up, so that appropriate order will be passed," the top court said.
Tushar Mehta, who was in the court, is the Solicitor General. The bench also rejected Mehta's strong pleas seeking two days time to place the Governor's communication on record.
As the NCP, the Congress and the Shiv Sena shifted their MLAs to three luxury hotels in Mumbai, the rival alliances claimed majority support. Security was tightened outside the hotels to thwart any poaching attempts, police said.
"The Shiv Sena, NCP and Congress (together) have 165 MLAs. If the governor calls for an identification parade, in 10 minutes we can prove our majority," Sena leader Sanjay Raut told reporters.
Talking to reporters, BJP's Ashish Shelar claimed that Fadnavis has the support of more than 170 MLAs and the BJP government will prove its majority on the floor of the House. He did not elaborate.
In the 288-member Assembly, BJP is the single largest party with 105 MLAs, followed by Shiv Sena, NCP and Congress party having 56, 54 and 44 members respectively.
NCP leader Nawab Malik said the swearing-in took place on the basis of bogus documents and that Fadnavis does not have the numbers.
Malik also said that out of the five NCP MLAs reported 'missing' till Sunday morning, two returned and another one posted a message on social media stating he was with the NCP.
There was a flurry of meetings with Sena Chief Uddhav Thackeray meeting Sharad Pawar at the suburban hotel where the NCP MLAs were staying.
Fadnavis, state BJP chief Chandrakant Patil and Union minister Raosaheb Danve were among those present at a meeting held at the Mumbai BJP office Vasant Smriti in Dadar, party sources said.
Ajit Pawar while responding to Narendra's Modi's congratulatory message thanked the prime minister.
"Thank you Hon. Prime Minister @narendramodi ji. We will ensure a stable Government that will work hard for the welfare of the people of Maharashtra," he tweeted.
NCP sources said the tweet was an indication that Ajit Pawar had rejected emotional pleas by his partymen to rescind his decision to back the BJP.
Ajit Pawar, meanwhile, returned to his private residence near Churchgate in the early hours of Sunday and later met his supporters and some party leaders. He spent Saturday at his brother's home in Mumbai.
Demanding a floor test immediately, the Congress alleged that the BJP is "running away" from proving a majority in the Assembly as it does not have the required numbers.
Congress leader and former state chief minister Prithviraj Chavan in a joint plea by the Congress-NCP-Shiv Sena said they have sought the Supreme Court's intervention to order a floor test immediately.
During the court hearing, Senior advocates Kapil Sibal, who appeared for the Shiv Sena, said the way President's rule was revoked in the state at 5.17 AM was "bizarre" as no cabinet meeting was held and it was not clear as to on what basis the Governor recommended it.
He also questioned the way Fadnavis and Ajit Pawar were sworn-in as the chief minister and deputy chief minister at 8 AM saying it was "shrouded with mystery" and no documents were available in public domain as to how the government was formed.
Sibal said that the combine has the majority in the 288-member Assembly and Fadnavis should be asked to immediately show his strength on the floor of the house.
Senior advocate A M Singhvi, who represented the NCP and the Congress, said that the Governor's invite to Fadnavis to form the government was a "betrayal" and "annihilation of democracy" as 41 out of the 54 elected MLAs of the NCP are not with Ajit Pawar.
Singhvi said out of 54 MLAs of the NCP, 41 members have sent a signed letter to the Governor in which they had clearly said that Ajit Pawar is no more in the party and the support letter given by him to Fadnavis was "illegal".
"How on earth Ajit Pawar became the deputy chief minister when 41 MLAs says they are with the NCP and not with Ajit Pawar? Is this not a murder of democracy?" he said.
When Singhvi referred to earlier apex court verdicts to buttress his arguments that immediate floor test even without secret ballot was the only solution to prove majority in the house, the bench said, "Nobody is disputing that. It is a settled principle that floor test is the ultimate test".
Also read: 'Maha' political crisis: CM Fadnavis meets Ajit Pawar; discuss farmers' issue
19:42 November 25
Senior NCP leader, SR Kohli
Senior NCP leader, SR Kohli says the decision is in NCP's favour and not Ajit Pawar, who has only one or two people supporting him.
13:31 November 25
Congress spokesman Randeep Singh Surjewala talking to media
Congress spokesman Randeep Singh Surjewala said, "We stated before the court that the current Fadnavis government is an illegitimate government."
13:05 November 25
Former Chief Minister of Maharashtra Prithviraj Chavan talking to Media
Former Chief Minister of Maharashtra Prithviraj Chavan after SC proceedings said, "Only the Floor test can reveal the truth as we have no other alternative. The floor test should take place within 24 hours, just like it happened in Karnataka and Uttarakhand."
11:59 November 25
Apex Court reserves its order to be pronounced tomorrow at 10:30 am
11:58 November 25
Kapil Sibal: To ensure that the Speaker is one who enjoys the confidence of the House, I request you exercise your jurisdiction under Article 142 and pass orders.
Singhvi: Let us ask why Mr. Rohatgi is pressing for a regular Speaker.
Rohatgi: Because Constitution provides for it.
Solicitor General Tushar Mehta reiterates and requests for time to reply, says he has some more material he wishes to place on record.
11:53 November 25
Kapil 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)
11:51 November 25
Mukul 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?
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. 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.
11:45 November 25
Mukul Rohatgi makes rejoinder submissions. He says rules for the Assembly are framed in the Constitution.
11:37 November 25
Abhishek Singhvi: This is a murder of democracy! 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. 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.
11:30 November 25
Kapil 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.
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.
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?
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.
11:29 November 25
Kapil Sibal recounts the events that transpired on Friday and Saturday as regards the announcement of the common minimum programme and swearing-in.
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.
Sibal: Everything happened between 7 pm on Friday and 5 am on Saturday morning. This was done to preempt forming of the Govt of the three party alliance.
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.
11:15 November 25
Maninder 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. I am NCP.
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.
Mukul Rohatgi: Can directions be issued to Governor who is immune?
11:10 November 25
Senior Counsel Maninder Singh makes submissions on behalf of Ajit Pawar.
11:05 November 25
Senior Counsel Mukul Rohatgi begins to make his submissions. 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.
Rohatgi (Arguing for Fadnavis): I met Ajit Pawar, his letter had enclosure of list of names of NCP MLAs supporting me. Governor acted reasonably because he acted on the material placed before him.
Justice Khanna: The question today is does the CM enjoy majority in the House?
Rohatgi: Their attack on Governor was unfounded.
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. 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.
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?"
10:54 November 25
Solicitor General Tushar Mehta hands over to SC the original letter of Maharashtra Governor inviting BJP leader Devendra Fadnavis to form government in Maharashtra.
Mehta: Governor invited BJP to form Govt and has given them time till Nov 30 to prove their majority. But now such time has come that the post poll alliance is seeking floor test immediately in 24 hours.
10:45 November 25
Joint petition by NCP-Congress-Shiv Sena in Supreme Court
Solicitor General Tushar Mehta to Supreme Court said, "I have the original documents with me."
SG Tushar Mehta said that he's arguing for the Secretary to the Governor.
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. The list of 54 elected MLAs (of NCP) was attached to the letter and said that NCP was extending support to the BJP. Shiv Sena has 56, NCP 54, INC 44 seats. There was talk about horse-trading but Governor possibly felt that the entire stable is stolen. I'm seeking time to file reply as there are questions which need to be discussed.
10:44 November 25
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.
10:42 November 25
Bench headed by Justice NV Ramana and comprising of Ashok Bhushan and Sanjiv Khanna assembles.
10:32 November 25
Hearing in Supreme Court, on petition jointly filed by the NCP-Congress and Shiv Sena against the formation of BJP-led government in Maharashtra, to begin shortly.
Kapil Sibal and Abhishek Singhvi to represent NCP-Cong-Sena alliance. Mukul Rohatgi will represent Devendra Fadnavis.
SG Tushar Mehta to represent the centre while former ASG Maninder Singh will represent Ajit Pawar in the Apex court today.
10:26 November 25
M Rohatgi, appearing for Maharashtra BJP in SC
M Rohatgi, appearing for Maharashtra BJP in SC said, "Today, record of Governor to be placed. I've seen that along with letter of Fadnavis there was a letter by Ajit Pawar as head of legislative party with signatures of all NCP MLAs. Governor was right in granting an invitation to him to form govt."
10:10 November 25
Shiv Sena leader Anil Desai arrives at the Supreme Court
Shiv Sena leader Anil Desai arrives at the Supreme Court; SC to continue to hear today the petition jointly filed by the NCP-Congress and Shiv Sena against the formation of BJP-led government in Maharashtra
07:20 November 25
Supreme Court asked the centre to produce before the court the governor letters for scrutiny
New Delhi/Mumbai: The government formation in Maharashtra has come under the Supreme Court's scrutiny with the Centre being asked to produce before the court on Monday morning the letters of the Governor inviting Devendra Fadnavis as well as the communication of the BJP leader staking his claim.
As the stunning political drama shifted to the apex court on Sunday, a day after Fadnavis returned as the chief minister, the Shiv Sena claimed that the Sena-NCP-Congress combine has a support of 165 MLAs and can comfortably prove its majority in the Assembly. The BJP also claimed that Fadnavis had the support of 170 MLAs. The majority mark in a House of 288 is 145.
In an unprecedented special hearing on a Sunday, a bench of Justices N V Ramana, Ashok Bhushan, and Sanjiv Khanna, however, rejected the plea by the 3-party combine to direct the Fadnavis government to undertake the floor test within 24 hours, saying this issue would be dealt with only after perusing the two letters.
According to BJP leader Ashish Shelar, Governor Bhagat Singh Koshyari has given time till November 30 to the new government to prove its majority on the floor of the House.
During the 30-minute hearing that began at 11.30 a.m in a packed courtroom, the apex court said the plea of the post-poll alliance, 'Maha Vikas Aghadi', seeking a direction to the Governor to invite them to form government under the leadership of Shiv Sena supremo Uddhav Thackeray would not be considered for the present.
Fadnavis and Ajit Pawar were sworn in by Koshyari at 8 am on Saturday at a hush-hush ceremony in Raj Bhavan in Mumbai after dramatic midnight developments, leading to the lifting of the President's rule. The BJP was propped up by NCP's Ajit Pawar who revolted against his party headed by his uncle Sharad Pawar. Ajit Pawar was made the deputy chief minister.
The top court also issued notices to the Centre, Maharashtra government, Fadnavis and Ajit Pawar on the petition filed on Saturday night by the Shiv Sena-Nationalist Congress Party(NCP)-Congress combine against the Governor's decision to swear in the BJP leader as the chief minister.
Ajit Pawar, meanwhile, set the political circles abuzz with his statement that he is still with the NCP and that Sharad Pawar continued to be his leader. Sharad Pawar for his part said, there is no question of forming an alliance with the BJP. "Ajit Pawar's statement is false, misleading and aimed at creating confusion, false perception among people."
"As adjudication of the issues and also the interim prayers sought by the petitioners to conduct floor test within 24 hours has to be considered after perusing the order of the Governor as well as the letters submitted by Devendra Fadnavis even though none appeared for the state government, we request Tushar Mehta to produce those two letters by tomorrow morning at 10.30 AM when the matter will be taken up, so that appropriate order will be passed," the top court said.
Tushar Mehta, who was in the court, is the Solicitor General. The bench also rejected Mehta's strong pleas seeking two days time to place the Governor's communication on record.
As the NCP, the Congress and the Shiv Sena shifted their MLAs to three luxury hotels in Mumbai, the rival alliances claimed majority support. Security was tightened outside the hotels to thwart any poaching attempts, police said.
"The Shiv Sena, NCP and Congress (together) have 165 MLAs. If the governor calls for an identification parade, in 10 minutes we can prove our majority," Sena leader Sanjay Raut told reporters.
Talking to reporters, BJP's Ashish Shelar claimed that Fadnavis has the support of more than 170 MLAs and the BJP government will prove its majority on the floor of the House. He did not elaborate.
In the 288-member Assembly, BJP is the single largest party with 105 MLAs, followed by Shiv Sena, NCP and Congress party having 56, 54 and 44 members respectively.
NCP leader Nawab Malik said the swearing-in took place on the basis of bogus documents and that Fadnavis does not have the numbers.
Malik also said that out of the five NCP MLAs reported 'missing' till Sunday morning, two returned and another one posted a message on social media stating he was with the NCP.
There was a flurry of meetings with Sena Chief Uddhav Thackeray meeting Sharad Pawar at the suburban hotel where the NCP MLAs were staying.
Fadnavis, state BJP chief Chandrakant Patil and Union minister Raosaheb Danve were among those present at a meeting held at the Mumbai BJP office Vasant Smriti in Dadar, party sources said.
Ajit Pawar while responding to Narendra's Modi's congratulatory message thanked the prime minister.
"Thank you Hon. Prime Minister @narendramodi ji. We will ensure a stable Government that will work hard for the welfare of the people of Maharashtra," he tweeted.
NCP sources said the tweet was an indication that Ajit Pawar had rejected emotional pleas by his partymen to rescind his decision to back the BJP.
Ajit Pawar, meanwhile, returned to his private residence near Churchgate in the early hours of Sunday and later met his supporters and some party leaders. He spent Saturday at his brother's home in Mumbai.
Demanding a floor test immediately, the Congress alleged that the BJP is "running away" from proving a majority in the Assembly as it does not have the required numbers.
Congress leader and former state chief minister Prithviraj Chavan in a joint plea by the Congress-NCP-Shiv Sena said they have sought the Supreme Court's intervention to order a floor test immediately.
During the court hearing, Senior advocates Kapil Sibal, who appeared for the Shiv Sena, said the way President's rule was revoked in the state at 5.17 AM was "bizarre" as no cabinet meeting was held and it was not clear as to on what basis the Governor recommended it.
He also questioned the way Fadnavis and Ajit Pawar were sworn-in as the chief minister and deputy chief minister at 8 AM saying it was "shrouded with mystery" and no documents were available in public domain as to how the government was formed.
Sibal said that the combine has the majority in the 288-member Assembly and Fadnavis should be asked to immediately show his strength on the floor of the house.
Senior advocate A M Singhvi, who represented the NCP and the Congress, said that the Governor's invite to Fadnavis to form the government was a "betrayal" and "annihilation of democracy" as 41 out of the 54 elected MLAs of the NCP are not with Ajit Pawar.
Singhvi said out of 54 MLAs of the NCP, 41 members have sent a signed letter to the Governor in which they had clearly said that Ajit Pawar is no more in the party and the support letter given by him to Fadnavis was "illegal".
"How on earth Ajit Pawar became the deputy chief minister when 41 MLAs says they are with the NCP and not with Ajit Pawar? Is this not a murder of democracy?" he said.
When Singhvi referred to earlier apex court verdicts to buttress his arguments that immediate floor test even without secret ballot was the only solution to prove majority in the house, the bench said, "Nobody is disputing that. It is a settled principle that floor test is the ultimate test".
Also read: 'Maha' political crisis: CM Fadnavis meets Ajit Pawar; discuss farmers' issue
Intro:Body:
Conclusion:
'Maha' floor test: SC to review two key governor letters today
New Delhi/Mumbai, Nov 24 (PTI) The government formation in Maharashtra has come under the Supreme Court's scrutiny with the Centre being asked to produce before the court on Monday morning the letters of the Governor inviting Devendra Fadnavis as well as the communication of the BJP leader staking his claim.
As the stunning political drama shifted to the apex court on Sunday, a day after Fadnavis returned as the chief minister, the Shiv Sena claimed that the Sena-NCP-Congress combine has a support of 165 MLAs and can comfortably prove its majority in the Assembly. The BJP also claimed that Fadnavis had the support of 170 MLAs. The majority mark in a House of 288 is 145.
In an unprecedented special hearing on a Sunday, a bench of Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna, however, rejected the plea by the 3-party combine to direct the Fadnavis government to undertake the floor test within 24 hours, saying this issue would be dealt with only after perusing the two letters.
According to BJP leader Ashish Shelar, Governor Bhagat Singh Koshyari has given time till November 30 to the new government to prove its majority on the floor of the House.
During the 30-minute hearing that began at 11.30 a.m in a packed court room, the apex court said the plea of the post-poll alliance, 'Maha Vikas Aghadi', seeking a direction to the Governor to invite them to form government under the leadership of Shiv Sena supremo Uddhav Thackeray would not be considered for the present.
Fadnavis and Ajit Pawar were sworn in by Koshyari at 8 am on Saturday at a hush hush ceremony in Raj Bhavan in Mumbai after dramatic midnight developments, leading to the lifting of the President's rule. The BJP was propped up by NCP's Ajit Pawar who revolted against his party headed by his uncle Sharad Pawar. Ajit Pawar was made the deputy chief minister.
The top court also issued notices to the Centre, Maharashtra government, Fadnavis and Ajit Pawar on the petition filed on Saturday night by the Shiv Sena-Nationalist Congress Party(NCP)-Congress combine against the Governor's decision to swear in the BJP leader as the chief minister.
Ajit Pawar, meanwhile, set the political circles abuzz with his statement that he is still with the NCP and that Sharad Pawar continued to be his leader. Sharad Pawar for his part said, there is no question of forming an alliance with the BJP. "Ajit Pawar's statement is false, misleading and aimed at creating confusion, false perception among people."
"As adjudication of the issues and also the interim prayers sought by the petitioners to conduct floor test within 24 hours has to be considered after perusing the order of the Governor as well as the letters submitted by Devendra Fadnavis even though none appeared for the state government, we request Tushar Mehta to produce those two letters by tomorrow morning at 10.30 AM when the matter will be taken up, so that appropriate order will be passed," the top court said.
Tushar Mehta, who was in the court, is the Solicitor General.
The bench also rejected Mehta's strong pleas seeking two days time to place the Governor's communication on record
As the NCP, the Congress and the Shiv Sena shifted their MLAs to three luxury hotels in Mumbai, the rival alliances claimed majority support. Security was tightened outside the hotels to thwart any poaching attempts, police said.
"The Shiv Sena, NCP and Congress (together) have 165 MLAs. If the governor calls for an identification parade, in 10 minutes we can prove our majority," Sena leader Sanjay Raut told reporters.
Talking to reporters, BJP's Ashish Shelar claimed that Fadnavis has the support of more than 170 MLAs and the BJP government will prove its majority on the floor of the House. He did not elaborate.
In the 288-member Assembly, BJP is the single largest party with 105 MLAs, followed by Shiv Sena, NCP and Congress party having 56, 54 and 44 members respectively.
NCP leader Nawab Malik said the swearing-in took place on the basis of bogus documents and that Fadnavis does not have the numbers.
Malik also said that out of the five NCP MLAs reported 'missing' till Sunday morning, two returned and another one posted a message on social media stating he was with the NCP.
There was a flurry of meetings with Sena Chief Uddhav Thackeray meeting Sharad Pawar at the suburban hotel where the NCP MLAs were staying.
Fadnavis, state BJP chief Chandrakant Patil and Union minister Raosaheb Danve were among those present at a meeting held at the Mumbai BJP office Vasant Smriti in Dadar, party sources said
Ajit Pawar while responding to Narendra's Modi's congratulatory message thanked the prime minister.
"Thank you Hon. Prime Minister @narendramodi ji. We will ensure a stable Government that will work hard for the welfare of the people of Maharashtra," he tweeted.
NCP sources said the tweet was an indication that Ajit Pawar had rejected emotional pleas by his partymen to rescind his decision to back the BJP.
Ajit Pawar, meanwhile, returned to his private residence near Churchgate in the early hours of Sunday and later met his supporters and some party leaders. He spent Saturday at his brother's home in Mumbai.
Demanding a floor test immediately, the Congress alleged that the BJP is "running away" from proving a majority in the Assembly as it does not have the required numbers.
Congress leader and former state chief minister Prithviraj Chavan in a joint plea by the Congress-NCP-Shiv Sena said they have sought the Supreme Court's intervention to order a floor test immediately.
During the court hearing, Senior advocates Kapil Sibal, who appeared for the Shiv Sena, said the way President's rule was revoked in the state at 5.17 AM was "bizarre" as no cabinet meeting was held and it was not clear as to on what basis the Governor recommended it.
He also questioned the way Fadnavis and Ajit Pawar were sworn-in as the chief minister and deputy chief minister at 8 AM saying it was "shrouded with mystery" and no documents were available in public domain as to how the government was formed.
Sibal said that the combine has the majority in the 288-member Assembly and Fadnavis should be asked to immediately show his strength on the floor of the house.
Senior advocate A M Singhvi, who represented the NCP and the Congress, said that the Governor's invite to Fadnavis to form the government was a "betrayal" and "annihilation of democracy" as 41 out of the 54 elected MLAs of the NCP are not with Ajit Pawar.
Singhvi said out of 54 MLAs of the NCP, 41 members have sent a signed letter to the Governor in which they had clearly said that Ajit Pawar is no more in the party and the support letter given by him to Fadnavis was "illegal".
"How on earth Ajit Pawar became the deputy chief minister when 41 MLAs says they are with the NCP and not with Ajit Pawar? Is this not a murder of democracy?," he said.
When Singhvi referred to earlier apex court verdicts to buttress his arguments that immediate floor test even without secret ballot was the only solution to prove majority in the house, the bench said, "Nobody is disputing that. It is a settled principle that floor test is the ultimate test".
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Last Updated : Nov 25, 2019, 8:22 PM IST
