Rohatgi had raised the point as the apex court was hearing the petition by the three parties challenging Maharashtra Governor BS Koshyari’s decision to invite Devendra Fadnavis to form the state government in the early hours of Saturday.
“In this court, sky is the limit, anybody can ask for anything. Any person can ask to make him the Prime Minister,” Justice NV Ramana said, according to news agency ANI.
The Supreme Court on Sunday issued notices to the Centre and Maharashtra government on a petition filed by the Shiv Sena-NCP-Cong combine against the Maharashtra Governor's decision to swear in Devendra Fadnavis as chief minister.
A three-judge bench of Justice NV Ramana, Justice Ashok Bhushan and Justice Sanjiv Khanna also issued notices to Fadnavis and Deputy Chief Minister Ajit Pawar.
The bench also asked Solicitor General Tushar Mehta to produce Governor Bhagat Singh Koshyari’s letter to BJP’s Devendra Fadnavis to form a government in the state by 10:30am on Monday. The top court said appropriate orders will be passed tomorrow.
“The Supreme Court can’t direct the governor to hold floor test in a day’s time,” Mukul Rohatgi, who appeared for the BJP, said.
The senior lawyer argued that the governor exercised individual discretion in inviting Fadnavis to form the government.
The Shiv Sena, NCP and Congress have also asked the court to issue a direction to the governor to invite their alliance, Maha Vikas Aghadi, to form the government. The alliance totals 154 MLAs, a majority in the 288-seat assembly.