The Supreme Court reserves it order for 10.30 am tomorrow on Maharashtra government formation. It will give its verdict on the  floor test as requested in a petition by the Shiv Sena-NCP-Congress combine after Saturday’s extraordinary government formation in the state on Tuesday.

Yesterday, a three-judge bench of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna asked the Centre to produce letters of support by 10.30 am on Monday morning – one used by Fadnavis in staking claim to form the government and that of the Governor inviting to form the government – for passing orders.

Solicitor General Tushar Mehta appearing for the Secretary of the Governor produced the letter dated November 22 by Ajit Pawar to Governor BS Koshyari that contains signatures of 54 NCP MLAs.

Mehta today told the apex court, “In terms of this letter, Governor requested the President to revoke the President’s Rule on November 22nd. The next morniing, on 23rd November, Governor Bhagat Singh Koshyari wrote to Devendra Fadnavis.”

“Following Ajit Pawar’s letter dated November 22nd, Devendra Fadnavis staked claim along with letters of support of 11 independent and other MLAs. The Governor then wrote to the President, requesting for revocation of the President’s Rule in Maharashtra. The letter cited support by 54 NCP MLAs along with the support of 11 independent MLAs and other parties as well.”

While, senior council Mukul Rohatgi appearing for the Maharashtra Chief Minister Devendra Fadnavis said, “My pre-poll alliance partner is turning a foe from a friend. I went to the Governor with the support of 170 MLAs. It is their (Pawar’s) family feud. One Pawar is with me, other with them. Nobody says the letter of support is fabricated. It is the other (Sharad) Pawar and the parties which are indulging horse-trading.”

The top court observed, the question today is whether the Chief Minister enjoys the majority in the House or not. This has to be decided on the floor of the House.

Senior advocate Kapil Sibal appearing for the Shiv Sena said that he wants to place it on record that he is ready with affidavits of 154 MLAs and presses for immediate floor test.

Sibal said, “Floor test should happen within 24 hours. Protem speaker should be the most senior member of the House. Open ballot, division the House and video-recording of the proceedings are what we are asking for.”

He also questioned the way in which the government formation in Maharashtra took place. “What was the haste in revoking the President’s Rule at 5 in the morning, and  appoint a CM at 8 in the morning?”

He also told the court that the Shiv Sena, Congress, NCP alliance would have staked claim on November 23 if this wouldn’t have had happened.

The top court refused to hear on the revocation of President’s Rule in Maharashtra. SC said that it is not part of the original petition. The bench also asked all the parties to not expand the scope of the petition.

As Senior Advocate Abhishek Manu Singhvi appearing on behalf of the NCP tried to submit the affidavits of 154 MLAs (48 from NCP, 56 Shiv Sena, 44 Congress, Other independent MLAs together putting at 154) SC refused to accept it saying, scope of the petition can’t be expanded.

On the issue of the floor test, Mukul Rohatgi in his argument said that the “SC can’t act as the Speaker of the House and decide on everything. The Speaker is yet to be chosen, the house is to be convened. The Governor has given 14 days (since November 23) but it isn’t 14 months. Should this court now substitute the Governor’s views with its own?”

The Shiv Sena, the Congress and the Nationalist Congress Party on Saturday moved the Supreme Court, seeking a floor test within 24 hours to avoid further horse-trading and “illegal manoeuvres” in Maharashtra.

The petition sought quashing of Maharashtra Governor BS Koshyari’s decision inviting BJP’s Devendra Fadnavis to form the government on Saturday morning as unconstitutional, arbitrary, illegal, void-ab-initio, and violative of Article 14 of the Constitution of India.

The apex court on Sunday said it is not aware of the order of the Maharashtra Governor over government formation in Maharashtra, as they deferred the hearing for Monday.