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Updated: Jul 27, 2020 04:11 IST

Maharashtra Governor Bhagat Singh Koshyari, in his November 12 report to President Ram Nath Kovind, while recommending that the assembly be kept in suspension, warned against “illegal means being adopted to garner support” to form a government in the state.

In the report, which was tabled in the Rajya Sabha on Wednesday, Governor Koshyari said he was “satisfied that a situation has arisen in the state of Maharashtra, in which it is impossible to constitute and/or form a stable government in the state.”

The state has been under President’s Rule since November 9 after no party staked claim to form government. The Shiv Sena contested the assembly polls as an alliance partner of the Bharatiya Janata Party (BJP), but fell out with the senior ally over the issue of a rotational chief minister. While the BJP won 105 seats, the Sena won 56 in the 288-member house.

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The report added that after 13 days of declaration of results on October 24, none of the political parties “even ventured to make a claim for constituting or forming government in the state” and BJP leader (the outgoing chief minister) Devendra Fadnavis was sent a letter on November 9 to ask if the party was able and willing to form government. He was given time till 8 pm on November 11 to respond, failing which it would be deemed that the party was not in a position to form government.

While the Sena has moved the Supreme Court, complaining that it was not given sufficient time by the Governor to form government with the Nationalist Congress Party (54 seats) and the Congress (44 seats) , the report claimed that even the BJP’s request for an additional day was turned down.

The report also said that on November 11, Sena leader Eknath Khadse met the Governor and submitted a letter for appointment, but in that letter, “…a claim to form the government has as such not been made.” The Governor also told the delegation why it was not feasible to grant them more time as sought by them.

The report, which chronologically lists the events that led to the Governor’s decision, said the NCP was candid, in its response that it said couldn’t stake claim to form the government by 12 November as was asked for by the Governor. NCP was given a letter on November 11 to respond by 8.30 pm on November 12. The party also sought three more days to complete discussions.

The governor said since NCP had more than 15 days to take a decision on government formation, he was constrained to reject its demand “as in my considered view it would not be feasible for me to grant any further extension beyond 8.30 p.m. on 12th November 2019”.

Explaining his decision to not call the Congress to form the government, Governor Koshyari said in the report because it was clear that the party with 44 members could have never achieved the “magic figure” of 145 in the 288-member House.

According to the report, of the 288 elected members the BJP, NCP and Shiv Sena along with eight other members, whose support the Sena claimed , accounted for 223, leaving 65 members. Of this, only 44 members were elected from the Congress.

“It is needless to mention here itself, that the difference between number 65 and required majority figure of 145 is too large and too vast, which is almost impossible to bridge unless of course illegal and unconstitutional means are adopted as also recourse is taken to unethical, unlawful and therefore forbidden methods”.

The report also mentioned that the Congress did not even elect a leader for the Maharashtra legislative assembly.

While the Opposition alleged that the governor favoured the BJP by recommending President’s Rule, the report said: “I am aware that the only way to ensure that a government formed in the state enjoys confidence of the House… is to take recourse to a floor test.”

The report added that “in case such a misadventure of having a floor test there are eminent possibilities of horse-trading, corruption and other illegal means being adopted by the concerned persons to garner support, which in my view must be ruled out under any circumstances and at any cost.”