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WWW.LIVELAW.IN 1 IN THE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION) WRIT PETITION (CIVIL) NO. OF 2019 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) IN THE MATTER OF: SHIV SENA Through its Authorised Representative, Shiv Sena Bhavan C Kelkar Road, Shivaji Park- Dadar West, Mu%bai – 4)))*+. PETITIONER NO.1 NATIONALIST CONGRESS PARTY Through its Authorised Representative 10, Dr Bisha%bar Das Marg, Baba Kharak Singh Marg Area, New Delhi, Delhi 11)))1 PETITIONER NO.2 INDIAN NATI-NA. CON/RESS Through its Authorised Representative 24, Akbar Road, New Delhi 110 001 PETITIONER NO.3 VERSUS 3NI-N OF IN"IA Through its Secretar6, Ministr6 of Ho%e Affairs, Central Secretariat, North Block, New Delhi – 01 CONTESTING RESPONDENT No.1 WWW.LIVELAW.IN 2 STATE OF MAHARASHTRA Through its Chief Secretar6, Maharashtra Legislature, Legislative Building, Backba6 Recla%ation, Legislative Building, Mu%bai - 19, CONTESTING RESPONDENT No.2 MR. DEVENDRA FADNAVIS Offic" Ad#$"ss: C. D. O. Barrack No. 1, Vasantrao Bhaga2at Cho2k, Opp. 0ogakshe%, Nari%an Point, Mu%bai R"%&#"'!" A##$"%% 276, Trikoni Park, Dhara%peth, CONTESTING Nagpur RESPONDENT No. 3 Mr. AJIT ANANTRAO PA#AR Offic" Ad#$"ss: Katewadi, Tq, Bara%ati, Dist, Pune !(1>1)* CONTESTING RESPONDENT No. ( WRIT PETITION UNDER ARTICLE 32 R/W ARTICLE 1( OF THE CONSTITUTION OF INDIA FOR *UASHING THE DECISION DATED 23.11.2019 OF THE HON’BLE GOVERNOR INVITING SHRI DEVENDRA FADNAVIS TO FORM THE GOVERNMENT AND FOR A FURTHER DIRECTION TO INVITE THE SHIV SENA- INDIAN NATIONAL CONGRESS AND THE NATIONALIST CONGRESS PARTY (TOGETHER SPECIFIED AS /MAHA VIKAS AGHADI”)- AS THEY ARE THE MAJORITY TO FORM A COALITION GOVERNMENT IN THE 1(TH LEGISLATIVE ASSEMBL. ELECTION IN THE STATE OF MAHARASHTRA WWW.LIVELAW.IN 3 TO, HON?BLE THE CHIEF <3STICE -4 IN"IA AN" OTHER COMPANI-N <3STICES -4 THE HON’BLE S3PREME C-3RT O4 INDIA THE HUMBLE PETITION -4 THE PETITIONER ABOVENA$ED MOST RESPECTFULLY SHEWETH: 1. The etitioner No, 1, the Shiv Sena has emerged as the second largest political part6 securing @; seats in the 1(thMaharasthra Legislative Assembl6 Elections, *)19, Petitioner No * is the Nationalist Congress Part6 2hich has secured @( seats and etitioner No > is the Indian National Congress, 2hich has secured (( seats in the 1(th Maharashtra Legislative Asse%bly Elections, *)19, The Petitioners are constrained to %ove the instant #rit Petition under Article >* o7 the Constitution in grave urgen56 seeking reliefs against the arbitrar6 and %alafide actions o7 the Hon’ble Governor o7 Maharashtra 2ho has on *>,11,*)19 installed a %inorit6 B< govern%ent led &6 Shri Devendra Fadnavis. 2. The Respondent No 1 is the Ministr6 o7 Ho%e Affairs, 2hich is responsible for the Centre State relations, including 2orking o7 the constitutional provisions WWW.LIVELAW.IN 4 governing such relations, appoint%ent o7 Governors, creation o7 new States, no%inations to Rajya Sabha/Lok Sabha, Inter State boundar6 disputes, over seeing the 5rime situation in States, imposition o7 Presidents Rule and 2ork relating to Crime C Criminal Tracking Net2ork S6ste% (CCTNS) etc. 3. That Respondent No, * is the State o7 Maharashtra, The actions o7 the Hon’ble Governor as the head o7 the State in installing a B< led Govern%ent 2ith Shri Devendra 4adnavis as the Chief Minister o7 the State and, Shri AjitPa2ar as his Deput6 Chief Minister are being i%pugned in the instant #rit, (. The Respondent No, >, Shri Devendra 4adnavis, has been sworn in &6 the Governor o7 Maharashtra as the Chief Minister 2. The Respondent No, (, Shri Ajit Pa2ar, has been sworn in as the Deput6 Chie7 Minister o7 the Maharashtra Govern%ent headed &6 Shri Devendra 4adnavis as the Chief Minister. WWW.LIVELAW.IN 5 3. On *1,1),*)19, Elections to the 4ourteenth Maharashtra .egislative Assembl6 2ere carried out for 288 seats. 4. On *(,1),2019, the Bharti6a Janata Part6 emerged as the Single Largest Part6 2ith 1)@ seats follo2ed &6 the Shiv Sena emerging as the second largest part6 2ith @; seats. The NC emerged as the third largest part6 2ith 54 seats and the INC secured 44 seats. 5. On )9,11,*)19, the Hon’ble Governor for almost 1+ da6s did not take an6 action in inviting an6 political part6 to for% the Govern%ent, but on )9,11,*)19 the Hon’ble Governor invited the B< to indicate 2illingness to for% the Govern%ent 2hile giving it (+ hours to prove that it has the requisite majorit6, 9. On 1),11,*)19, the B< expressed its inabilit6 and declined to for% the Govern%ent, Thereafter, on the sa%e da6, the Hon’ble Governor on the ver6 sa%e da6 asked the Shiv Sena, to convey its 2illingness and abilit6 to for% the Govern%ent &6 granting it only *( hours to de%onstrate its %ajorit6, WWW.LIVELAW.IN 6 10. On 11,11,*)19, the Shiv Sena staked claim to for% the Govern%ent 2hile su&%itting that it has the %ajorit6 support, 4urther, the Shiv Sena had also onthe sa%e da6 i.e. on 11,11,*)19 itself requested for three da6s time to give the letters o7 support to demonstrate that it has the requisite %ajorit6 to for% the Govern%ent. 11. Shiv Sena $ Mr, Arvind Sa2ant resigned fro% the 3nion Cabinet that sa%e da6, i.e. 11,11,*)19, 12. The part6 2ise distribution o7 seats o7 the coalition govern%ent consisting o7 the Petitioner, NCP, INC and independent MLAs will be as follo2s: P6$78 No of S"67% Shiv Sena @; NC @( 13. Indian National (( Congress (INCE Independent + Tot6: 132 Ho2ever, the Hon’ble Governor on 11,11,2019, for reasons best kno2n to him, declined to acco%%odate the request for three da6s and rejected the 5laim o7 the Shiv Sena to for% the Govern%ent. WWW.LIVELAW.IN 7 1(. Thereafter the Governor invited NC to indicate its 2illingness and abilit6 to for% the Govern%ent at around 9G>) $ on the sa%e da6, As per %edia reports, NC 2as given *( hours to stake claim at for%ing the govern%ent, 12. On 1*,11,*)19, Shiv Sena filed a #rit etition &efore this Hon’ble Court challenging the Governor’s decision rejecting Shiv Sena’s clai% to for% the Govern%ent 2ith requisite support. The sa%e was diarised as Diar6 No. 40380 of 2019. 13. On 1*,11,*)19 itself, at about >G1; $, a press release reported that the Hon’ble Governor has su&%itted a report facilitating the invocation o7 Article >@; in the State o7 Maharashtra and the resident o7 India thereafter issued Presidential Procla%ation invoking Article >@; and i%posing resident’s Rule in the State o7 Maharashtra on 1*,11,*)19 vide $inistr6 o7 Ho%e Affairs Notification No, H4.No, V/11013/1/2019-CSR.II A true cop6 o7 the Presidential rocla%ation dated 1*,11,*)19 is WWW.LIVELAW.IN 8 annexed herewith and %arked as ANNE;URE–P 1 [P6>"% 7o ? 14. After co%prehensive talks, the Shiv Sena, INC and NC Analised a Co%%on Minimu% rogra%%e for a post!poll alliance, na%el6 the Maha Vikas Aghadi. On the evening o7 **,11,*)19 at about : p%, this alliance 2as announced at a press conference and it 2as further announced that it 2as unanimously agreed that Shri 3ddhav Thackera6 2as to be na%ed as Chief Minister candidate o7 the Maha Vikas Aghadiand the alliance 2as staking clai% to for% Govern%ent on this basis. 15. 4acing the prospect o7 a non B< Govern%ent staking claim to po2er, the B< in the intervening night o7 **,11,*)19 and *>,11,*)19 has resorted to political %achinations in an attempt to install a co%pletel6 unconstitutional B< Govern%ent in the State. 4ro% the reports available in the public the Governor’s original travel plan to the Governors conclave in the night o7 **,11,*)19 2as cancelled. There is nothing in public do%ain as to ho2 and in 2hat %anner Shri WWW.LIVELAW.IN 9 Devendra 4adnavis and/or the B< had staked clai% po2er bet2een the intervening night o7 **,11,*)19 and *>,11,*)19, 4urther there is no %aterial in the public do%ain to sho2 that Shri Devendra 4adnavis had carried letters o7 support o7 1(( MLA’s D2hich in an6 event 2as not legally possible to doE, The Petitioners categoricall6 assert that all the MLA’s o7 the Shiv Sena, NC and Congress are co%pletely and solidly with the alliance except for Shri Ajit Pa2ar. 19. In the early hours o7 *>,11,*)19 at around @G(: a%, the residential rocla%ation issued on 1*,11,*)19 imposing President’s Rule 2as revoked &6 the Hon’ble President vide Ministr6 o7 Ho%e Affairs Notification No, H4, No, V/11)1>B1B*)19-CSR-II, A true copy o7 the residential rocla%ation dated *>,11,*)19 is annexed herewith and %arked as ANNE;URE–P 2 [P6>"% 7o ? 20. At about +G)) a% on *>,11,*)19 the Raj Bhavan in a %ake shift and a hurriedly convened swearing in ceremon6 ad%inistered oath to Shri Devendra 4adnavis o7 the B< as Chief Minister o7 the State and WWW.LIVELAW.IN 10 further to Shri Ajit Pa2ar o7 the NC as Deput6 Chie7 Minister. It is not understood as to what was the hurr6 and/or the hot hast to revoke residents Rule at @G(: a% and administer oath at around +G)) a% barely t2o and a half hours later, The Hon’ble Governor 2as dut6 bound to study the clai% if an6 %ade &6 Shri Devendra 4adnavis, %oreso 2hen admittedl6 the previous night all the three political parties co%%anding a strength o7 1@( MLA?s had categorically stated that they 2ill &e staking claim to for% the Govern%ent.
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