A public interest litigation (PIL) filed in the Bombay high court on Friday has sought quashing of the trust vote won by the BJP government in the Maharashtra legislative assembly two days ago.
Petitioner Rajkumar Awasthi has made the Speaker, the state government and the chief minister Devendra Fadnavis as respondents in PIL.
BJP won the trust motion by voice vote amid high drama in the assembly on November 12. The Opposition criticised the Speaker's decision not to allow a division of votes.
The PIL contends that the Speaker failed to follow the legal procedure.
"As per the Rule 41(1) of Maharashtra Legislative Assembly Rules, even if a single member requests the Speaker for a decision by division, the same shall be done unless the Speaker is of the opinion that the division is unnecessarily claimed," says the PIL.
"Not following the provisions on some technical grounds amounts to substantial illegality and further a fraud on the Constitution," adds the PIL.
It demands that the Speaker should be directed to forthwith call a meeting or a session of assembly for reconsidering the vote of confidence.
It has also requested the court to call for the minutes and video recording of the proceedings.
The PIL would come up for hearing in due course, said advocate Sugandh Deshmukh, the petitioner's lawyer.