Shinde ill, Pawar in Delhi! Are preparations being made for President's rule in Maharashtra?
Will BJP not be able to make its own CM in Maharashtra? Will there not be a Chief Minister from Mahayuti in Maharashtra now and is imposing President's rule the only solution left to save Maharashtra from constitutional crisis? These are some questions, whose answers are now becoming necessary because even after 10 days of bumper victory, neither BJP is able to make its own CM nor is it allowing
While Article 172 of the Constitution says that if the Assembly is not dissolved earlier for any reason, then the term of the Assembly will be for the next five years from the first meeting of the Assembly.
BJP not be able to make its own CM in Maharashtra?
The Eknath Shinde to become the Chief Minister, so is President's rule the only solution now? Aditya Thackeray has also started asking these questions now. He has written a post on X and asked whether all the rules and laws are only for the opposition. Shiv Sena leader Sanjay Raut has completed the remaining task.
Article 172 of the Constitution says
Now that these questions have been raised, it is important to know their answers. Article 172 of the Constitution says that if the Assembly is not dissolved earlier for any reason, then the term of the Assembly will be for the next five years from the first meeting of the Assembly. It is also written in the same article that in case of emergency, the term of the Assembly can be extended but that too will be for one year and it can be extended for the next 6 months.
Decision not being taken even after 10 days of victory
Now, according to Article 172 of the Constitution, the term of the Maharashtra Assembly has ended on 26 November itself. In such a situation, Maharashtra should have got a new Chief Minister by 26 November, but a week has passed since 26 November and even now neither the name of the Chief Minister is known nor is it known which party the Chief Minister will belong to. All we know is that the oath of the post of Chief Minister of Maharashtra will be taken on 5 December.
Eknath Shinde has fallen ill
The oath was to be taken when everything was fine in the Mahayuti. Now Eknath Shinde has fallen ill again and this time the matter is a little serious, due to which he had to be admitted to Thane hospital. In such a situation, the oath taking of the new Chief Minister on the 5th also seems to be in trouble, but the question is whether the time has come to impose President's rule in Maharashtra until the name of the Chief Minister is decided.
Now according to the Constitution, President's rule should be imposed, but there is a catch in this, and that catch is not constitutional but practical.
Ajit Pawar is camping in Delhi
Amidst all this, Ajit Pawar is camping in Delhi before the swearing-in. It is believed that in the meeting with Amit Shah, Ajit Pawar can demand 11 ministerial posts for NCP. NCP is demanding 7 cabinet and 2 state minister posts for itself in Maharashtra. Along with this, NCP can also demand one cabinet and 1 governor post in Delhi.
Will President's rule be imposed?
The Constitution says that if the term ends and the government is not formed, then President's rule will be imposed. Practicality says that even though the term is over, the situation in Maharashtra is not such that the government cannot be formed because the Mahayuti has the majority and it has not refused to form the government, so the Governor also knows that there is a majority, and the government will be formed. In such a situation, the Governor does not feel the need for President's rule.
By citing which law is the imposition of President's rule being avoided?
However, there is another law, by citing which the imposition of President's rule is being avoided, and this law is the Representation of the People Act 1971. Its section 73 says that if the names of the elected members of the Legislative Assembly are notified in the official gazette by the Election Commission, then it is assumed that the Legislative Assembly has been duly constituted.
Now that the Election Commission has published the results in the official gazette, it is clear that the new 15th Legislative Assembly has been formed and now the new Legislative Assembly is in existence, so there is no need for President's rule.
Uddhav Thackeray broke the alliance in 2019
Overall, one thing out of 100 is that unless the governor feels that there is a constitutional crisis in the state, President's rule cannot be imposed in the state and the 2019 assembly elections are the biggest example of this. In 2019, the alliance of Shiv Sena and BJP won the election. The election results were also declared on 24 October, but the government could not be formed because after the elections, Uddhav Thackeray broke the alliance.
In such a situation, when the term of the assembly ended on 12 November, President's rule was imposed in the state on the recommendation of the governor, but on 23 November, talks taken place between BJP and Ajit Pawar, and on 23 November, President's rule was removed, and Devendra Fadnavis was sworn in.
What will have to wait?
However, Fadnavis had to resign five days later on 28 November due to not being able to prove majority and then on 28 November, Uddhav Thackeray took oath as the Chief Minister under the Mahavikas Aghadi alliance. So now we are waiting for the Governor's decision whether he will get the new Chief Minister sworn in on December 5 or this wait will be longer, and the state will be imposed with President's rule.
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