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RPI seeks dissolution of government, moves Bombay High Court

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The Republican Party of India (RPI) has filed a petition in the Bombay High Court, seeking dissolution of the Council of Ministers in the state and implementation of the President's Rule. It says the government has been functioning illegally since November 8, 2014.

A division bench of justices VM Kanade and Anuja Prabhudessai has kept the petition filed by Jairam Pawar, 69, general secretary of the RPI, for hearing on Thursday.

After the elections results were out on October 19, the Governor had invited the BJP, the single largest party, to form government. Subsequently, Chief Minister Devendra Fadnavis and his Council of Ministers were administered oath of secrecy on October 31.

The petition cites a Notification of the Governor dated September 20 to support its claims. As per the notification, the earlier legislative assembly, before the October 15 elections, was to get dissolved on November 8. This means the new Council of Ministers was duty bound to ensure that the new House was in place on or before the specified date. However, the new elected members took oath only on November 10, after a gap of two days, claims the petition.

The delay rendered the state without a legislative assembly for two days. "It is submitted the present Council of Ministers have become illegal and unconstitutional after November 8 morning," reads the petition.

Apart from seeking dissolution of the Council of Minister and implementation of the President's Rule, the petition prays that the ministers be restrained from implementing any decision taken by them till appropriate orders are passed by the central and state governments in accordance with the Constitution of India.

RPI has also sought that an interim stay on any decision taken by the Council of Ministers from November 8 till the final ruling is passed by the HC.

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