The Supreme Court on Sunday heard a joint plea by NCP-Shiv Sena-Congress against BJP-led Maharashtra government and issued notices to the state government, Chief Minister Devendra Fadnavis, his deputy Ajit Pawar and the Centre, asking them to present before it the relevant documents and letters of support from MLAs by 10 am tomorrow.
The apex court also said that appropriate orders will be passed tomorrow. The bench consisting Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna, asked the Solicitor General Tushar Mehta to produce relevant documents including Maharashtra Governor's letter inviting BJP to form the government and letter of support of MLAs.
Senior counsel Mukul Rohatgi while arguing on behalf of BJP in Supreme Court appealed the court not to pass an order to fix the date for the floor test in Maharashtra Assembly and asserted that Governor Bhagat Singh Koshyari has committed no "illegality".
"There is no need for the court to pass order today. There was no illegality in the Governor's decision. The court should not pass an order to fix the date of the floor test. The three parties here have no fundamental rights," said Rohatgi.
"There are some things that are with the President which are not even open to judicial intervention," he argued.
While senior counsel Abhishek Manu Singhvi, appearing for Congress-NCP demanded floor test saying, "Supreme Court has consistently ordered floor tests to be held immediately whether it's in Uttar Pradesh in 1998 or Karnataka in 2018. May the best person win, let's have the composite floor today or tomorrow."
"How can it be possible that who took oath yesterday claiming a majority, is today shying away from floor test?" asked Singhvi.
On Saturday, the petitioners had filed a petition against the decision of Maharashtra Governor Bhagat Singh Koshyari, inviting BJP's Devendra Fadnavis to form the government in the state on November 23.
They also requested the Supreme Court to order a floor test to be held on Sunday (today) itself.
Senior Congress leader and advocate Kapil Sibal appeared in the court on behalf of the petitioners. Sibal argued in the Supreme Court that the move of Maharashtra Governor Bhagat Singh Koshyari inviting Devendra Fadnavis to form government in the state is "biased, malafide and contrary" to all laws established by the apex court.
He further appealed the court to order a floor test in Maharashtra Assembly, today itself.
"When somebody had announced at 7 pm that we are forming the government, the act of Governor is biased, mala-fide, and contrary to all laws established by this Court," said Sibal.
"Court should order floor test today itself. If BJP has the majority, let them prove in the Assembly. If they don't, let us stake the claim," said Sibal.
"The majority is 145 seats in the state. The pre-poll alliance comes first. The pre-poll alliance broke down. Now, we are relying on the post-poll alliance," argued Sibal.
Arguing on the way President Rule was revoked in Maharashtra, Sibal asked, "At 5.17 am yesterday President's Rule was revoked and at 8 am two-person sworn-in as Chief Minister and Deputy Chief Minister. What documents were given?"
At a time when deliberations among Congress, NCP and Shiv Sena on the formation of a non-BJP government in the state had seemingly reached the final stage, the BJP formed the government in a surprise development on Saturday morning when Devendra Fadnavis took oath for the second consecutive term as the state Chief Minister, while Ajit Pawar of NCP as his Deputy Chief Minister.
The BJP won 105 seats in the 288-member assembly followed by Shiv Sena 56, NCP 54 and Congress 44.
( With inputs from ANI )