The tenure of Maharashtra Assembly is ending today i.e. on Tuesday. Mahayuti, the alliance which registered a landslide victory in the assembly elections, has not yet announced the name of the Chief Minister. Devendra Fadnavis and Eknath Shinde are in the race, but whose name will be approved, it will be decided by the BJP high command. It is being said that the picture of Maharashtra will become clear in the next day or two. Swearing in may take place on 28th or 29th November.
But before that, what will happen when the term of the Assembly ends? Will the government have to take oath before 26th November? What will happen if this does not happen? What will happen if Mahayuti is not able to take a decision on the name of CM today? Will President’s rule be imposed in the state?
According to experts, it is not necessary that the new government or the new Chief Minister takes oath before 26th November. The belief that after the end of the tenure of the current Assembly, President’s rule will automatically be imposed in the state after midnight. Experts are considering it wrong. There is no constitutional obligation to form a new government by 26 November.
An official of the legislature rejected reports that if a new government is not formed by November 26, President’s rule may be imposed. In fact, Maharashtra Governor C.P. The 15th Assembly has already come into existence with copies of the Gazette being handed over to Radhakrishnan with the names of the newly elected members of the State Assembly. The official said that as per Section 73 of the Representation of the People Act, after the notification of the names of the elected members is submitted, it will be considered that the House has been duly constituted.
What happened first in Maharashtra?
There have been many such incidents in the state before when the Chief Minister has taken oath after the end of the term of the Assembly.
- In 2004, the tenure of the Assembly ended on 19 October. The Chief Minister took oath on November 1, 2004.
- In 2009, the tenure of the 11th Assembly ended on 3 November. CM took oath for the 12th Assembly on November 7, 2009.
- The tenure of the 12th Assembly ended on November 8, 2014 and the new Chief Minister for the 13th Assembly was sworn in on October 31, 2014.
- The tenure of the 13th Assembly was completed on November 9, 2019. The new Chief Minister took oath on November 28, 2019.
Shinde can become caretaker CM
According to the law, the Election Commission will notify the constitution of the new assembly, which was done on Sunday night. There is a possibility that Chief Minister Eknath Shinde will resign today and the Governor may ask him to remain the acting Chief Minister till the formation of the new government.
When was President’s rule imposed in Maharashtra?
President’s rule has been imposed thrice in Maharashtra so far. It was installed for the first time in the state on February 17, 1980. This was in force for 112 days. The government of that time had completed one and a half years in power. Sharad Pawar was the then Chief Minister and was dismissed by then Prime Minister Indira Gandhi, who returned to power after the Emergency.
After this, President’s rule was imposed in Maharashtra in 2014. It was applicable from September 28, 2014 to October 31, 2014. President’s rule was imposed in the state for the third time in November 2019. This was imposed on 12th November. After the results of the assembly elections were declared on October 24, Shiv Sena alliance had a clear majority, but BJP and Shiv Sena were adamant on the post of CM, due to which the government could not be formed. Due to the government not being formed within the stipulated time, Governor Koshyari had decided to impose President’s rule.
Why is there a delay?
Mahayuti has got bumper seats in Maharashtra Assembly elections. After the landslide victory, there is a tussle going on for the post of CM in the alliance. Maharashtra BJP leaders are demanding that Fadnavis be made the CM, while Shinde group MLAs are demanding that Eknath Shinde be made the CM. Various Shiv Sena leaders gave statements that Shinde should continue in the post, because the huge victory as Chief Minister was achieved only under his leadership. After the results, the BJP high command is brainstorming on who should be given the responsibility of CM.
BJP has captured 132 seats in the assembly elections. At the same time, Shinde led Shiv Sena won 57 seats. Ajit Pawar led NCP has won 41 seats.