As turmoil brews in Maharashtra, Governor Koshyari discharged from hospital

Mumbai, Jun 26: As turmoil brews in Maharashtra, Governor Bhagat Singh Koshyari likely to be discharged from hospital today after his recovery from Covid 19. Koshyari's presence at Raj Bhavan is crucial in Maharashtra as the Maha Vikas Aghadi government is facing a serious turmoil.

If Uddhav Thackeray decides to dissolve the assembly and go in for fresh elections, the question arises whether the Governor is bound by that decision. The decision to dissolve the assembly can take place only if the Chief Minister and Governor are on the same page.

When it comes to the powers of a Governor in dissolving the house one has to read into Article 174(1) of the Indian Constitution. The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session says Article 174(1).

The Governor may from time to time prorogue the house or either house and dissolve the Legislative Assembly, Article 174 (2) (a) (b) states.

Hence in this case if Uddhav Thackeray approaches the Governor and recommends dissolution of the House, then it is the discretion of the Governor to act upon it or not.

The political crisis in Maha Vikas Aghadi (MVA) government in Maharashtra erupted after the party legislators joined a rebellion led by Eknath Shinde who is staying at a hotel in Guwahati. He has claimed to have 40 MLAs with him, thus achieving the two-thirds majority in the Shiv Sena.This has created a political uncertainty in the state.

In the 288-member Maharashtra Assembly, Shiv Sena has 55 MLAS, NCP (53), Congress (44), Bahujan Vikas Agahdi (three), Samajwadi Party, AIMIM and Prahar Janshakti Party two each. MNS, CPI-M, PWP, Swabhimani Paksha, Rashtriya Samaj Party, Jansurajya Shakti Party and Krantikari Shetkari Paksha have one MLA each. There are 13 independent MLAs. The opposition BJP has 106 MLAs.