Eighteen days since the Assembly polls in Maharashtra, the state remains without a government.
In the last 24 hours, a lot of developments have taken place in the state since Bharaitya Janata Party (BJP) refused to stake claim. The Shiv Sena went on to meet state Governor Bhagat Singh Koshyari and indicated their willingness to form the government. However, they asked for two more days, which the governor refused to give.
While the Congress said they are still deliberating over their support to the Sena, the governor has invited the Nationalist Cognress Party (NCP) to indicate their willingness to form the government before 8:30 pm on Tuesday, 12 November.
Amid these developments, senior advocate Sanjay Hegde and former secretary general of Lok Sabha Subhash Kashyap joined BloombergQuint to talk about the political situation and the options before the governor.
Ball’s in Governor’s Court
Analysing the political developments in the state, Hegde said, “The governor has the right to call on the leader of the party which he believes can command a majority in the Assembly. The single-largest party (BJP) declined to form the government, so the governor called on the second-largest party.”
He added, “Now, the Sena has showed willingness to stake claim but it is up to the governor now. If he is satisfied, then he will allow them to prove their majority otherwise it can impose the President's rule. But that's still far ahead.”
While Kashyap said, “The government and the Assembly may not always be exactly coterminous. As there may be a situation, like the one which we are witnessing now, where the ex-chief minister is asked to be the caretaker chief minister of the state, till a new government is formed."
Is the Governor Time Bound?
On being asked if the governor’s hands are tied because of time, Hegde said, “No. There is no time constraint specified in the constitution. A lot of things are practiced on the basis of conventions and recommendations which have found their way into court judgment.”
He further said, “I hope that what happened in Bihar Assembly when it was dissolved in 2005, doesn't happen here again. It was done without convening by Governor Buta Singh. The Supreme Court had come down heavily on them.”
Hegde stated that the governor should not engage in active politics or act as a referee in the current political game.
He said that the governor can allow the second-largest party to stake claim and their prove their majority on the floor of the Assembly.
He also explained why the governor is not taking the step, saying that “the governor is reluctant to do that because once somebody sworn in, the dynamics change.”
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