Maharashtra: Hold the trust vote, now | HT Editorial

The Governor’s actions leave room for doubt. A floor test is urgent and essential

Maharashtra Governor BS Koshiyari’s decision to swear-in Bharatiya Janata Party (BJP)’s Devendra Fadnavis as chief minister (CM) on Saturday has raised political and constitutional questions. On Friday, the Shiv Sena, the Nationalist Congress Party (NCP) and the Congress appeared close to a power-sharing deal. But Mr Koshiyari appointed Mr Fadnavis as CM, and Ajit Pawar, the NCP’s legislative party leader then, as deputy CM.

Maharashtra Governor BS Koshiyari’s decision to swear-in Bharatiya Janata Party (BJP)’s Devendra Fadnavis as chief minister has raised political and constitutional questions (ANI)

Both sides have their contending narratives, presented in the Supreme Court on Sunday and Monday. Those who support the governor’s actions claim that Mr Fadnavis staked claim; Ajit Pawar offered a letter of support with signatures of all 54 NCP MLAs; the governor then suggested the revocation of President’s rule and appointed a government. Those critical of the governor’s actions claim that it was clear that NCP was with the Sena; that the governor did not do due diligence on the letter provided by Ajit Pawar; and the urgency with which both President’s rule was revoked and the government sworn in made it clear that Mr Koshiyari was acting on behalf of the BJP.

On balance, the governor’s actions create room for doubt, especially on issues of due process and the haste with which he acted. The core issue now is whether Mr Fadnavis has a majority, or whether the majority of NCP legislators are with Sharad Pawar. This is best judged on the floor of the House. The SC should have given instructions for a floor test on Sunday itself, but has now put off the matter till Tuesday. Any more delay will further delegitimise the constitutional process. A vote in the assembly is best for all parties, including the BJP, whose actions are currently being seen as ethically questionable. If Mr Fadnavis wins, and NCP MLAs stay with Ajit Pawar, the government will have legitimacy. If the CM loses, the governor must make amends and provide the Opposition alliance an opportunity to prove its strength immediately.