Shiv Sena to file fresh petition challenging imposition of President rule in state

Mumbai: The Supreme Court will not accord urgent hearing on Tuesday itself to the petition filed by the Shiv Sena challenging the Maharashtra governor's decision of not granting it three days to submit the letter of support for government formation in the state, a party lawyer said.

The lawyer said the SC registry informed that it will "not be possible to constitute a bench today".

"The Supreme Court has asked us to mention the writ petition that we filed at 10.30 AM on Wednesday before the court," Advocate Sunil Fernandes, who filed the petition on behalf of the Shiv Sena, told PTI.

He said the fresh/second petition challenging the imposition of President's rule in the state is being readied. "The decision on when to file it (fresh petition) will be taken tomorrow," he said.

Earlier, the Shiv Sena approached the Supreme Court over Maharashtra Governor Bhagat Singh Koshiyari rejecting its request to give it more time to prove its ability to form government and passing the invitation to Sharad Pawar’s Nationalist Congress Party.

This move came after Prime Minister Narendra Modi's cabinet had recommended President's Rule for Maharashtra.

"If the Maharashtra Governor imposes President Rule in the state, Shiv Sena can approach the Supreme Court. Uddhav Thackeray has spoken to Kapil Sibal and Ahmed Patel over the issue," sources said quoted by news agency ANI.

The Sena, which pulled out its only leader Arvind Sawant from the Union Cabinet on Monday, had hoped to form the government with support from the Nationalist Congress Party and the Congress. Sena’s young leader Aaditya Thackeray went to the governor with a request to give an extension over its 24-hour deadline but the request was denied.

In comparison, Sena leaders pointed that the governor had given the BJP, the single largest party, three days to indicate its willingness to stake claim and prove its numbers.

Assembly polls results were announced on October 24. NDA alliance of BJP and Shiv Sena which emerged victorious failed to form the government due to differences over power-sharing.

Later, BJP, which emerged as the single-largest party in Maharashtra Assembly polls with 105 seats declined to stake the claim.

Shiv Sena which bagged 56 seats in the 288-member Assembly was asked to express its willingness to form the government. However, they failed to do in the stipulated time and did not get additional time from Governor to submit letters of support from the NCP and Congress.

The NCP has 54 MLAs is currently a discussion with its alliance partner Congress to support Shiv Sena and to cross halfway mark of 145.