Senior counsel Kapil Sibal today argued in the Supreme Court that the move of Maharashtra Governor Bhagat Singh Koshyari inviting BJP leader Devendra Fadnavis to form government in the state is "biased, mala fide and contrary" to all laws established by the top court.
He appealed to the court to order a floor test in Maharashtra Assembly today itself.
"When somebody had announced at 7 pm that we are forming the government, the act of Governor is biased, mala fide, and contrary to all laws established by this Court," said Mr Sibal.
"Court should order floor test today itself. If BJP has the majority, let them prove in the Assembly. If they don't, let us stake the claim," he said.
"The majority is 145 seats in the state. The pre-poll alliance comes first. The pre-poll alliance broke down. Now, we are relying on the post-poll alliance," argued Mr Sibal.
Arguing on the way President Rule was revoked in Maharashtra, Kapil Sibal asked: "At 5.17 am yesterday, President's Rule was revoked and at 8 am two persons sworn-in as Chief Minister and Deputy Chief Minister. What documents were given?"
Senior counsel Mukul Rohatgi, appearing for Maharashtra BJP said: "I don't know why there is a hearing on Sunday, there should not be any hearing on Sunday. According to me this matter (Shiv Sena-NCP-Congress plea) should not be listed."
A three-judge bench of Supreme Court headed by Justice NV Ramana and comprising of Justices Ashok Bhushan and Sanjiv Khanna is hearing a joint plea of Shiv Sena, Congress and NCP against the decision of Maharashtra Governor inviting Devendra Fadnavis to form the government.
At a time when deliberations among Congress, NCP and Shiv Sena on the formation of a non-BJP government in the state had seemingly reached the final stage, the BJP formed the government in a surprise development on Saturday morning when Devendra Fadnavis took oath for the second consecutive term as the state Chief Minister, while Ajit Pawar of NCP as his Deputy Chief Minister.
The BJP won 105 seats in the 288-member assembly followed by Shiv Sena 56, NCP 54 and Congress 44.