demanding holding of the composite floor test, which is conducted when two parties claim majority, and also deferring of the oath-taking ceremony of Parrikar that was also opposed by senior advocate Harish Salve and Additional Solicitor General Maninder Singh.
demanding holding of the composite floor test, which is conducted when two parties claim majority, and also deferring of the oath-taking ceremony of Parrikar that was also opposed by senior advocate Harish Salve and Additional Solicitor General Maninder Singh.
While Salve said the plea was like seeking stay on the governor's decision, the bench said the Congress was "fussy about everything".
"You (Congress) have not impleaded the chief minister in the petition. You are only saying one thing or the other. We will only issue notice. You are fussy about everything. You are asking for commas, full stop etc. We will issue notice for next month.
"You have cited all irrelevant judgements in the petition.
You want floor test before oath taking and swearing-in. You don't have even impleaded the CM. You don't even have the affidavits of the members supporting you. So sensitive is the matter that you don't do anything. You want an order at his (Parrikar) back.
"You don't have pleading with regard to the number. You have not impleaded CM as a necessary party. You know his name.
He has been the defence minister of the country," the bench made the scathing remarks during the hearing.
At the outset, Singhvi submitted that the governor did not have the courtesy of asking the single largest party to form the government and despite a letter was written by the party, contrary to the press reports, about the numbers with the BJP.
He submitted that the governor by not inviting or giving a telephonic call to the single largest party, has subverted the constitutional convention and democracy.
However, the submission did not go well with the bench, which said, "Everybody knew what was happening. Who was with whom and you do not say a word. Governor would have been in a position to answer if you have gone. Even before this court, you should be having affidavits that these people are with you."
"If the largest political party by its own strength form government, there would be no issue left and it would finish the matter. If you don't have, it is the bounden duty of the governor to determine who can form the government.
"In that situation, if nothing happens it is the bounden duty of the Governor to call single largest party. If someone go and tells that I have the numbers, the governor will act.
You don't say anything. At no point of time, it is demonstrated that the numbers demonstrated by other side is factually incorrect. The constitutional convention of inviting single largest party is subject to the numbers," the bench said.
(This article has not been edited by DNA's editorial team and is auto-generated from an agency feed.)
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