Advocate Mukul Rohatgi appearing for Maharashtra BJP told the Supreme Court on Monday that the Governor has absolute discretion to appoint Chief Minister, while adding that it is up to the Speaker to decide when a floor test is held.
"Governor has absolute discretion to appoint Chief Minister. Judicial review not permitted. The floor test is imperative. But it is the discretion of the Speaker to decide when the floor test is to be held," he told the bench comprising of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna.
He argued: "That the court said floor test is imperative, nobody can question that. A floor test is imperative, but can the court say whether the floor test should be held not after 10 days but five days, not five days but four days..."
"Nobody says the letter of support is fabricated. It is the other Pawar (Sharad Pawar) and the parties which are indulging in horse-trading," Rohatgi underlined.
During the hearing, Justice Sanjiv Khanna said that the floor test was done in 24 hours in most of the case and 48 hours in others while citing the past judgement of the court in similar cases.
Solicitor General Tushar Mehta appearing for Mahrashtra's Governor Office sought 2-3 days more time to file a reply in the matter.
"The Governor has in absolute discretion invited the largest party on November 23," he said.
Senior Advocate Kapil Sibal represented Shiv Sena and his colleague Abhishek Manu Singhvi represented Congress-NCP in the apex court.
Solicitor General Tushar Mehta, arguing for the Maharashtra Governor's office, on Monday, sought time from the Supreme Court to file a reply while handing over to SC the original letter of Maharashtra Governor inviting BJP leader Devendra Fadnavis to form Government in the state.
He was arguing over a petition filed by Shiv Sena, NCP and Congress against the decision taken by the Maharashtra Governor Bhagat Singh Koshyari to invite BJP and NCP to form the government in the state.
"I have the original documents with me. I am seeking time to file a reply as there are questions that need to be discussed," Mehta told the bench.
"Present position is, Governor has invited the majority alliance in the House to form a government. Devendra Fadnavis staked claim following the letter of Ajit Pawar along with letters of support of 11 independent and other MLAs", the solicitor general added.
In a special hearing yesterday, a bench of Justices N V Ramana, Ashok Bhushan, and Sanjiv Khanna had asked the Solicitor General Tushar Mehta to produce relevant documents including Maharashtra Governor's letter inviting BJP to form the government and letter of support of MLAs by 10 am today.
This came after the BJP formed the government on Saturday morning when Devendra Fadnavis took oath for the second consecutive term as the state Chief Minister, with NCP's Ajit Pawar as his Deputy Chief Minister.
BJP won 105 seats, Shiv Sena bagged 56 seats, 54 seats went to NCP while Congress secured 44 seats in the 288-member Assembly.
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