Shiv Sena rushed to Supreme Court to challenge Guv move, now takes a step back

Uddhav Thackeray’s Shiv Sena that had rushed to the Supreme Court to challenge Maharashtra governor BS Koshyari’s decision to reject his party’s claim to form the government has decided to slam the brakes .

The Sena has decided to first get its alliance with the Congress and Nationalist Congress Party in place before asking the the top court to intervene urgently.

The party’s lawyers were earlier slated to mention the case before Chief Justice of India Ranjan Gogoi to request him to give the party an urgent hearing.

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The Sena also decided against filing a fresh petition to challenge the presidential order to bring Maharashtra under central rule at this stage, the party’s lawyer Sunil Fernandes said, according to news agency ANI.

“The decision on when to file it (the fresh petition) hasn’t been taken yet,” Fernandes said, confirming the party’s stand not to mention the case before the Chief Justice Gogoi for an urgent hearing.

The Shiv Sena’s decision to recalibrate its legal strategy comes against the backdrop of an assessment that the party could find itself on the backfoot if the court intervention leads to a quick floor test.

Uddhav Thackeray is yet to seal his party’s alliance with the Congress and Sharad Pawar’s NCP, a deal that leaders of the three parties had yesterday indicated would take some time.

The three parties can, as and when they finalise the deal, approach Governor Koshyari with a request to revoke his recommendation with letters of support.

In the petition filed against the governor’s refusal to give the Shiv Sena more time, the Sena had asserted that while the Bharatiya Janata Party (BJP) “was granted 48 hours [by the governor] to show its majority, the petitioner’s claim was rejected within a period of 24 hours despite the categorical assertion of the petitioner that it has the majority and that it be given three days’ time to demonstrate the same.”

The petition also expressed apprehension that President’s Rule could result in horse trading by the BJP and aid the party in somehow cobbling together a majority through unconstitutional means.

“It is submitted that any imposition of President’s Rule would also result in horse trading by the BJP and to somehow cobble up a majority by using unconstitutional means. It is submitted that in these circumstances any precipitative action by the Governor to enable the BJP to acquire the MLAs by poaching would be an anathema to democracy and cannot be countenanced,” said the petition.

“...whether a political party has the requisite majority or not cannot be determined by the Raj Bhavan, and can only be tested on the floor of the House. Once the Petitioner had staked claim, the Hon’ble Governor ought to have invited the Shiv Sena/Petitioner to prove its majority on the floor of the House...,” the petition added.