After the Shiv Sena filed a petition to oppose the President's rule in Maharashtra on Monday, Advocate Nishant Katneshwarkar, standing counsel for the government of Maharashtra, has said that appropriate steps will be taken only after he receives a copy of the petition filed by Shiv Sena challenging the communication of the Governor by which their claim has been rejected with regard to the formation of the government.
He said, 'See, today I came to know about the filing of a petition by Shiv Sena challenging the communication of the Governor by which the claim of the Shiv Sena has been rejected with regard to the formation of a government. Today I came to know about the filing of the petition, I have come to the Supreme Court to collect a copy of the petition as well as to know about details of listing with regard to the challenging of communication, bias etc. First of all, I'll have to receive a copy of the communication, then I will have to see, prayers, contents, grounds and thereafter only, appropriate steps will be taken."
Soon after Shiv Sena moved the Supreme Court to challenge the Governor's recommendation of a President's rule in Maharashtra, Republic TV has accessed the petition filed by Sena. The 26-page petition filed by Shiv Sena is against the Centre and has made Congress and NCP - the parties to the petition. The petition challenges the order of the governor refusing them time to form the government. The petition also names Congress leader and senior advocate Kapil Sibal as the lawyer for Shiv Sena.
In the petition, Sena has sought an urgent hearing, sighting that it will become infructuous if not heard urgently. Shiv Sena, opposing the Governor's move, has said in the petition: "The Governor erred in rejecting the request for extension of time and that in the exercise of his powers, the most the Governor could have done was ordered a floor test." Shiv Sena also says that the Governor overstepped his powers in stating in his report to the Centre that no party was in a position to form a stable government.
Issuing a press statement confirming the recommendation of a President's rule in Maharashtra, the Governor of Maharashtra on Tuesday, set the record straight as NCP denied any such recommendation. In the statement, Governor Bhagat Singh Koshyari has said that he was satisfied that the govt of the State of Maharashtra cannot be carried on in accordance with the Constitution. Hence, the governor had submitted a report as contemplated by the provisions of Art. 356 of the Constitution.