Will Maharashtra Governor Bhagat Singh Koshyari Approve Dissolution Of Legislative Assembly

Maharashtra Political Crisis: The political crisis in Maharashtra is deepening....

Maharashtra Political Crisis: The political crisis in Maharashtra is deepening. While CM Uddhav Thackeray is trying to save his government, Shiv Sena leader Eknath Shinde is likely to go for the floor test. In such a situation, the role of the governor of the state becomes very important. Now when there are a total of 40 MLAs in the state with rebellious Shinde. Of these, 33 are Shiv Sena and seven are independent MLAs. These MLAs have given support to Shinde in writing. In this situation, these MLAs can ask the Governor for a floor test in the Legislative Assembly. We try to know here what stand Governor Bhagat Singh Koshyari can take on this political crisis.

Powers of Legislative Assembly and Governor

Before knowing the powers of the Governor, it is necessary to get acquainted with the State Legislature. The State Legislature is made up of the Governor, the Legislative Assembly and the Legislative Council. The lower house of the Legislative Assembly is made up of elected representatives of the people and it can be dissolved. While the Legislative Council, the Upper House, it cannot be dissolved. Articles 168 to 212 are written in the sixth part of the Indian Constitution regarding the organization, constitution, tenure, privileges and powers of the State Legislature.

To know the political earthquake of Maharashtra and the stand of the governor there, it is necessary to know that under what circumstances the governor can dissolve the assembly. After the general elections in the state, the assembly is formed and its term is from the first meeting to 5 years. However, the Governor has the right to dissolve the Legislative Assembly at any time before five years. As soon as it is dissolved, the post of all the MLAs also ends automatically. Their allowances also stop as soon as the assembly is dissolved. However, they continue to get pension and other types of facilities. Generally, the Governor can dissolve the Assembly only on the advice of the Chief Minister.

In these circumstances, the assembly can be dissolved.

1. The governor can dissolve the assembly in the event of no party getting an absolute majority in the state and leaders of other parties not able to form the government together.

2. According to Article 356 of the Constitution, when the State Government fails to exercise its executive powers in compliance with the directions given by the Central Government. It violates the rules made by the constitution. In this case, the Governor of the state sends the report to the President. After this, according to the advice of the Union Cabinet, they can dissolve the state assembly and impose President’s rule.

3. When the coalition government of the state is reduced to a minority and other parties lack the required majority to form the government, the governor can dissolve the assembly to hold re-election.

4. Even if the assembly elections are stopped due to unavoidable reasons like division of the state, external aggression, then the governor has the right to dissolve the assembly.

permission is also necessary for the governor

Even though the governor has the power to dissolve the state legislatures, but this decision of the governor must be recognized in both the houses of the parliament within two months. An appeal can be made to the Supreme Court or High Court against the dissolution of the Assembly. If it is revealed in the investigation of the court that the state assembly has been dissolved on the basis of false or meaningless reasons, then the court can put a stay on it. In this way, the decision of the governor to dissolve the assembly is not final, only an appeal can be made against it in the court.

Maharashtra Governor’s Stand

If sources are to be believed, if the Shiv Sena demands the dissolution of the assembly, then the governor can take a decision to dissolve the assembly in view of the current situation. On the other hand, if the opposition camp appeals to prove majority, then Governor Eknath Shinde can call the opposition camp for floor test. If seen, the situation is not completely clear about the dissolution of the Legislative Assembly in Maharashtra.

BJP has the upper hand

There are 288 seats in the Maharashtra Legislative Assembly. One seat is lying vacant due to the death of Shiv Sena MLA Ramesh Latke. Shiv Sena currently has 55 MLAs, NCP has 53 MLAs and Congress has 44 MLAs. There are 13 independents in the house. Of these independent candidates, six are in support of BJP, while five are in favor of Shiv Sena. At the same time, Congress and NCP have support from one independent MLA each. If seen, the BJP’s upper hand in the political battle of Maharashtra seems to be heavy, if the rebel MLAs are ready to support it. BJP has 106 MLAs and it needs 144 MLAs for majority. If Eknath Shinde gets the support of 37 MLAs, then BJP can take the initiative to form the government with their cooperation. If seen, this number is two-third of the number of 55 Shiv Sena MLAs and in this way it will avoid coming under the purview of the anti-rebellion faction law and their faction will be recognized and BJP can take advantage of it.

Also read:

Exclusive: ‘No mutiny…’, amidst the threat looming over the Uddhav government, know what Eknath Shinde said from abp news

That one condition of Eknath Shinde, in front of which the Maharashtra government was defeated! Will CM Uddhav’s chair be saved?

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