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Maharashtra mess

Three weeks ago, the voters of Maharashtra gave a mandate, though not overwhelming, in favour of the BJP-Shiv Sena alliance.

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Three weeks ago, the voters of Maharashtra gave a mandate, though not overwhelming, in favour of the BJP-Shiv Sena alliance. With a total of 161 seats, the two parties comfortably crossed the half-way mark in the 288-member Assembly. However, they showed no respect for this mandate and failed to iron out their differences, eventually parting ways on an acrimonious note. The NCP and the Congress, too, have let the electorate down by not committing themselves to government formation. Now, the last straw has come in the form of President’s rule. With undue haste, Governor Bhagat Singh Koshyari sent a report to the Centre, stating that the formation of a stable government was impossible in the current situation despite all his efforts. In a tearing hurry, the BJP-led Centre accepted the report and forwarded it to the President for ‘necessary action’.

The Governor owes an explanation for not providing a level playing field to the stakeholders. He allotted 48 hours to the BJP, 24 to the Sena, less than 24 to the NCP and did not even bother to call the Congress (the fourth largest party with 44 seats). Thus, he submitted his report without exhausting all options. His premature step, coupled with the Union Cabinet’s prompt endorsement of his recommendation for President’s rule, amounts to blatant disregard for the Supreme Court judgment in the SR Bommai case. The former Karnataka CM had moved the apex court after the Janata Dal government headed by him was dismissed in April 1989 under Article 356 of the Constitution and President’s rule was imposed. Ruling against the arbitrary dismissal of state governments under this Article, the 1994 SC verdict had made it clear that the floor of the House was the sole platform to test the government’s majority, not the Governor’s ‘subjective opinion’.

The allegations that the Governor is working at the Centre’s behest are undermining his constitutional office. The NDA government should steer clear of a course that does disservice to democracy as well as the Constitution. On their part, various parties must strive to ensure that another Assembly poll is not foisted upon the people of Maharashtra.

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