The PIL urges the top court to direct the Centre and the state not to appoint a chief minister from the alliance.
As developments in Maharashtra appear to move towards some finality on government formation by the post-poll alliance of Shiv Sena, Congress and the Shiv Sena, a PIL has been filed in the Supreme Court to declare the alliance as a “fraud on the electorate”.
The PIL, filed by Pramod Pandit Joshi, urges the top court to direct the Centre and the state not to appoint a chief minister from the alliance.
“The act of Shiv Sena, NCP and Congress are unethical and contrary to the constitutional scheme for staking claim to form the government without the legitimate alliance of political parties, which is far from the concept of the popular government,” the petition, filed through lawyer advocate Barun Kumar Sinha, said.
The petition further said, “The governor is under constitutional obligation to consider the concept of popular government to be provided. The present post-poll coalition is based on the power-sharing concept of two political parties who have been voted out by the people.”
Shiv Sena recently broke up with the BJP, after contesting the Assembly elections in a pre-poll alliance, over the question of chief ministership. While the Shiv Sena dug in its heels over the CM post, BJP maintained that Devendra Fadnavis will continue on the post. As the tug of war between two parties continued, Shiv Sena’s Arvind Sawant resigned from the Union government, making the Shiv Sena’s fallout with the NDA official.
Maharashtra governor BS Koshyari, after waiting for a few days, even invited the BJP, Shiv Sena and NCP separately to form the government. However, all three parties expressed their inability to do so. Shiv Sena later claimed it was not given two days as requested by it. The governor then went on to recommend the imposition of the President’s rule in the state.
The election results announced on October 24 saw BJP winning 105 seats and Shiv Sena 56 of the 288 seats. The NCP, on the other hand, won 54 and Congress 44. Talks are currently on between Shiv Sena, NCP and Congress for the Common Minimum Programme (CMP) for the formation of the next government in Maharashtra.