The Bharatiya Janata Party government in Maharashtra is illegal and should be dissolved, a petition before the Bombay High Court pleaded on Wednesday. The petitioner, an office-bearer of the Republican Party of India (Bharipa Bahujan Mahasangh), has sought imposition of President's rule in Maharashtra.
"The present Council of Ministers and the Chief Minister have been illegally officiating as a Government and there is a failure on the Constitutional machinery in the State of Maharashtra. Therefore, this Petitioner prays for imposition of the President’s Rule in the State of Maharashtra till the constitutional machinery is properly restored," petitioner Jairam Pawar pleaded.
A division bench of Justices V M Kanade and Anuja Prabhudesai will hear the matter on Thursday.
According to the petition, the government issues a notification on October 20, dissolving the State Assembly on November 8, and declaring constitution of a new Assembly on the same date.
"The Council of Ministers and the Chief Minister formed by the Government on 4.11.2014. It was declared to give oath to the member of the mini elected assembly on 11.11.2014. The Legislative Assembly was not in force from morning 8.11.2014 till the oath upto to 11.11.2014," the petition stated.
It claimed that according to the Constitution, the Council of Ministers are responsible for the State Assembly and that it did not exist between the period of November 8 and November 11.
"Hence the present Council of Ministers and the Chief Minister have been illegally officiating as a Government and there is a failure on the Constitutional machinery in the State of Maharashtra," the petition claimed.
