File photo: Maharashtra Chief Minister Devendra Fadnavis with Governor C Vidyasagar.
Sharpening its attack on the Devendra Fadnavis government over the controversial trust vote in the Maharashtra Legislative Assembly, Shiv Sena leaders today met Governor C Vidyasagar Rao and demanded that he order the government to face a fresh confidence motion.
The former ally of the BJP alleged that the Fadnavis government, with a current strength of 10 ministers, fails to fulfill the provisions of Article 164.
Senior Shiv Sena leader Diwakar Raote said they have requested the Governor to ask the BJP to prove its majority, "or else declare that it is a minority government and seek a fresh trust vote."
"The President of India has appointed the Governor to uphold the Constitution. But if the government itself is unconstitutional (then) is it not his duty to take action in the interest of people," Raote told news agency Press Trust of India after meeting Mr Rao at Raj Bhavan.
The fledgling BJP government won the trust motion in the Assembly through a voice vote yesterday, drawing angry reactions from the Shiv Sena and the Congress, which have accused the ruling BJP of failing to prove its majority and "strangulating democracy".
Terming the Fadnavis-led government as "illegitimate", Mr Raote said, "Our delegation, led by (Leader of Opposition Eknath Shinde) has reminded the governor that this (BJP) government is an invalid government as per (the provisions of the) Constitution.
"When it has only 10 ministers, how have they fulfilled the provision of Article 164 of the constitution," Mr Raote questioned.
Article 164 (1A) provides that strength of the Council of ministers headed by the CM cannot exceed 15 per cent of the strength of the Assembly (the total number of Members of Legislative Assembly), but it can't be less than 12 members either.
Besides Mr Shinde and Mr Raote, the delegation comprised Pratap Sarnaik, Neelam Gorhe, Sunil Prabhu, Deepak Sawant and Ajay Chowdhary.
Mr Raote alleged that the BJP had failed to provide clarity on the total number of legislators who voted for the party during the trust vote.