Declare Sena-NCP-Congress post poll alliance unconstitutional says plea in SC
New Delhi, Nov 15: A plea has been filed in the Supreme Court seeking the declaration of the post-poll alliance between the Shiv Sena, Congress and NCP as a fraud on the electorate.
The petition which would be heard in the next couple of days alleges that the stance taken by the Shiv Sena after the elections is nothing but a betrayal of the peoples' mandate. The petitioner, Pramod Pandit Joshi also sought a direction to the Centre and the State to refrain from appointing a chief minister from the alliance that is likely to emerge.
The petitioner said that the mandate was not for this alliance and hence they cannot stake a claim to form the government. Further, a stable government also will not be in place, the petition also states.
The current coalition is based on power-sharing concept of two political parties that have not been given the mandate by the people, the petition also states. The Governor is under the obligation of the Constitution to consider that a popular government be provided. Further, the petition also said that a post poll coalition between two or more parties was not permissible under the Constitution as it lacked the mandate of the people.
On Tuesday, Governor of Maharashtra, Bhagat Singh Koshyari had recommended the imposition of President's Rule in the state. In his report, he said that the formation of a stable government was impossible in the current situation.
The BJP and Shiv Sena which fought the elections in October together won 105 and 56 seats in the 288 member assembly. The Shiv Sena then demanded that there be a rotational CM policy, but the BJP did not cede to the demand. The NCP and Congress, on the other hand, have 54 and 44 MLAs respectively and is looking to enter into an alliance with the Sena to form the government.