Shiv Sena to file second petition challenging imposition of President's Rule in Maharashtra

New Delhi: There will be no hearing in Supreme Court on Tuesday on plea filed by Shiv Sena challenging Maharashtra Governor Bhagat Singh Koshyari's decision of denying it three days to submit letter of support from Nationalist Congress Party (NCP) and Congress for government formation in the state.

Shiv Sena's lawyer Sunil Fernandes said that a second petition by the party challenging the imposition of President's Rule is being readied and will be filed after the discussion on it within the party.

"Supreme Court registry has said they may mention the matter tomorrow before the court, for urgent hearing. Fresh/second petition challenging the imposition of President`s Rule is being readied. The decision on when to file it will be taken tomorrow," Fernandes said.

Meanwhile, President's Rule has been imposed in Maharashtra after President Ram Nath Kovind gave his approval to the requisite notification.

The President signed the notification following the recommendation of the Union Cabinet which acted on the report from the state Governor Koshyari.

Sena filed a petition in the apex court against Koshyari's decision not to extend the time given to it to prove its ability to form the government in the state. 

Shiv Sena-led by Uddhav Thackeray has emerged as the second-largest party in October's Maharashtra assembly elections, after the BJP.

The petition said that the Governor worked in "hot haste" on Monday in refusing to "grant even three days time to the petitioner to demonstrate that it has the requisite majority to form the government in Maharashtra".

The party, in its petition, said that the BJP used "the Governor`s office in an attempt to prevent it from forming the government".

Shiv Sena, through its plea, said that as per the constitutional conventions and practice, the Governor is duty-bound to allow a reasonable time for political parties to conclude their negotiation on government formation and not act as an agent or mouthpiece of the central government.

"It is submitted that the instant is a classic case where these constitutional conventions which have the force of law have been followed by the Governor in sheer breach," it said.

BJP, which emerged as the single-largest party in Maharashtra assembly polls with 105 seats, declined to form the government following differences with Shiv Sena on sharing power.

The majority mark in the 288-member Maharashtra assembly is 145. The NCP has 54 MLAs in the state assembly while the Congress has 44.