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Shivsena files case against governor for rejecting its claim to form Maharastra government

As political uncertainty looms over Maharashtra, Shivsena on Tuesday filed a writ petition in the Supreme Court against governor Bhagat Singh Koshyari’s rejection of its claim over Maharashtra govt.

Sena had asked for an extended time of three working days to prove its majority by hitting the magic number of 148 seats in Assembly. But the plea was rejected by Koshyari and Presidential rule was reportedly recommended by him. The governor had earlier invited BJP, Shivsena to prove their majority but no party could raise the claim for govt till now.

On Tuesday afternoon, Governor recommended Presidential Rule in the state under Article 356(3) of the Constitution. Challenging the governors’ decision Sena argued that the factum of the majority cannot be decided by the Governor’s subjective assessment and it can only be assessed on the assembly floor as the House assembly is the only ‘constitutionally ordained forum’ to the test majority.

The Sena petition also alleged the governor is acting under hot haste and the constitution emphasizes Presidential rule only when all other democratic ways fail to form a government.

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