The party is taking views of constitutional experts in this regard.
"Two PILs have already been filed in the individual capacity against the government. However, Congress is now seriously considering moving court against the government for not adhering to constitutional norms of seeking the trust vote through division of votes," party spokesman Anant Gadgil said.
He said Congress also has the option to approach and apprise President Pranab Mukherjee on how constitutional procedures were "trampled upon" by the BJP government.
Gadgil said judiciary could intervene in the matter as the vote of confidence sought by the government was a constitutional provision under the directives of the Governor.
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"Since it (constitutional procedure) was not followed, judiciary could intervene in the matter. BJP has 122 MLAs and is short of majority in the Legislative Assembly. NCP and Shiv Sena have not given letter of support to the government," he said referring to the position of parties in the House on the day of trust vote on November 12.
Gadgil said that voters will not tolerate if MLAs defect to BJP and seek re-election.
"Politics in Maharashtra and Karnataka is different. Not even six months have passed since the Assembly elections were held (in Maharashtra). Will voters tolerate if MLAs defect and seek fresh election," he asked.
The fledgling Devendra Fadnavis government won the controversial trust vote after newly-appointed Speaker Haribhau Bagde ordered a voice vote though Shiv Sena and Congress sought the division of votes.
Sena and Congress, who have alleged "foul play" in the conduct of the procedure, had separately requested Governor Ch Vidyasagar Rao to order fresh trust vote.