Maharstra Political Crisis Ends

Table of Contents

The 2019 Maharashtra Legislative Assembly election was held on 21 October 2019 to elect all 288 members of the state’s Legislative Assembly.
The BJP ended with a tally of 105, the Sena won on 56 seats, the Nationalist Congress Party (NCP) on 54, while the Congress won 44 seats.

The BJP and Shiv Sena kept bickering over the chief minister’s post.
The Governor FIRST invited the BJP to form the government – did not have the required numbers.
10 November – Governor gave Shiv Sena one day to show willingness and the ability to form the government in Maharashtra.
Sena chief Uddhav Thackeray reached out to NCP and Congress for their support – they could not decide on whether to support Shiv Sena or not.

SS – sought 3 days time for submitting letters of support.
However, the Governor REFUSED to give any further extension.
Governor sent an invitation to NCP, which is the third-largest party in the state, to stake claim at the government.
Delay – common minimum programme
12 November 2019 – President’s rule imposed in the state after the Governor’s recommendation.
The imposition of President’s rule did not prohibit the political parties from forming the coalition and approaching the governor claiming they have the numbers.
The Sena-NCP-Congress were in talks to form a coalition government in the state and a final announcement on this was expected on 23^rd

23 November 2019

The BJP claims Ajit Pawar has the support letter of all his party MLAs. Unless he is expelled by his party, he can issue a whip to all 54 party MLAs to follow his cue to support the BJP government.
The BJP has been given a week until November 30 to prove their majority on the floor of the assembly.

Uddhav Thackeray, right after results

‘’It is time to remind the BJP about the formula arrived at when BJP chief Amit Shah visited my home….we had decided on a fifty-fifty formula for the alliance.”
Supriya Sule vs. Ajit Pawar – internal feud
Ajit Pawar, who is the nephew of NCP president Sharad Pawar, is facing investigations in a major irrigation scam in Maharashtra.
He is accused of misusing his position to award contracts worth Rs 20,000 crore during his tenure as Maharashtra’s water resource minister between 1999 and 2009.

The ED in September registered a money laundering case against NCP President Sharad Pawar, his nephew Ajit Pawar, and several other politicians and officials in the Maharashtra State Cooperative Bank (MSCB) scam worth around Rs 25,000 crore.

The governor has situational discretion in

Appointment of chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
Dissolution of the state legislative assembly if the council of ministers has lost its majority.

The Sarkaria Commission (1988) recommended that Article 356 should be used in very rare cases when it becomes unavoidable to restore the breakdown of constitutional machinery in the State.

The Justice M.M. Punchhi Commission on Centre-State Relations in 2010.
‘’There should be clear guidelines for the appointment of chief ministers, so that there is sort of regulation on discretionary power of Governor.’’

Order of precedence in forming state government:

The group/alliance with the largest pre-poll alliance with the highest number.
The single largest party with support from others.
The post-poll alliance with a few parties joining the government.
The post-poll alliance with a few parties joining the government and remaining including independents giving outside support.