Mumbai: RPI led by Prakash Ambedkar on Wednesday moved the Bombay High Court seeking dissolution of the newly-formed assembly in Maharashtra and imposition of President's rule, contending that the government has been functioning "illegally" since November 8.
A division bench of Justices V M Kanade and Anuja Prabhudessai kept the petition for hearing tomorrow.
The petition, filed by 69-year-old Republican Party of India (RPI) Secretary Jairam Pawar, said it was challenging the action of political parties to form government and take oath after the dissolution of the previous legislative assembly.
It said the new assembly had not come into force within the stipulated time prescribed as per the government notification issued on September 20.
The petition said that a notification was issued to dissolve the Assembly on September 20 and the elections were to be conducted as per the electoral programme on October 15. The results were to be declared on October 19.
As per the notification, the earlier legislative assembly was to dissolve on November 8, 2014, and hence the council of ministers was duty-bound to see and ensure that the next legislative assembly should be in place and should be summoned on or before that date, states the petition.
However, the council of ministers took oath on November 10, it said.
Article 163 of the Constitution of India provides that there shall be a council of ministers with Chief Minister as the head to aid and advice the Governor in administration of its functions and discharge of its duties. Article 164(2) makes it clear that the council of ministers is responsible to the legislative assembly, the petition said.
The petition prays the Governor be directed "to remove and or dissolve the council of ministers for the state of Maharashtra and implement the President's rule under Article 356 of the Constitution in the state of Maharashtra."
It further seeks to prohibit the council of ministers from implementing any decision taken by them till appropriate orders are passed by the central and state government in accordance with the Constitution of India.
The petition sought an interim stay on any decision taken by the council of ministers from November 8 till the final order is passed by the High Court.