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'Petition filed in Maha case may be dismissed'


New Delhi: As the Supreme Court has agreed to hear the Congress, Shiv Sena and the Nationalist Congress Party's writ plea against Maharashtra Governor Bhagat Singh Koshyari on Sunday, apex court advocate Virag Gupta told IANS that the petition has no constitutional basis and would be rejected by the special bench.

On Saturday, the three parties moved the court for an urgent hearing on their plea against the "arbitrary and malafide decisions" of Koshyari inviting Devendra Fadnavis to form the government in Maharashtra.

Gupta said that this petition has been filed under Article 32 of the Constitution in which the parties have urged that -- the governor's appointment of Fadnavis as Chief Minister was unconstitutional under Article 14 of the Constitution, which should be repealed by the Supreme Court and also sought direction for summoning of a special session of the assembly for swearing-in of MLAs and a floor test.

Under Article 32 of the constitution, if a person's fundamental rights are violated, then he can come to the Supreme Court for justice. Important matters of equality, life and expression come under the Fundamental Rights. From the point of view of the constitution, the petition filed by the three parties to form a coalition government is voidable.

Political parties are recognised by the Election Commission as legal persons. But what is mentioned in the petition of the Maha Vikas Aghadi coalition by these three parties has no legal validity, Gupta said.

Prior to the elections, Shiv Sena had tied up with the BJP. Last week, Shiv Sena MP Sanjay Raut had said that he had not formally separated from the NDA so his seat in Parliament should not be changed.

Shiv Sena, NCP and Congress were separately invited by the Governor to form the government. Even then there was no mention of Mahavikas Aghadi alliance. How did the Prime Minister approve the removal of President's Rule under Business Rule 12 without calling a Cabinet meeting? the advocate asked.

Before the petition was filed in the Supreme Court, Mahavikas Agadhi did not even stake claim to form the government before the Governor, then how was the principle of equality of the Constitution violated? A constitutional question certainly arises in this matter, Gupta said.


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