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The picture in Maharashtra is likely to be clear in 3-4 days, with swearing-in likely on November 28 or 29. But in the meanwhile what about the end of the term? Will President’s rule be imposed?
The BJP and NCP Ajit Pawar are pushing for Devendra Fadnavis as the CM, while the Sena camp wants Eknath Shinde (right) to continue. (PTI File)
The term of the Maharashtra assembly ends on November 26.
While the ruling Mahayuti on Saturday secured a spectacular win in the assembly elections, the constituents – Bharatiya Janata Party (BJP), Shinde Sena and Nationalist Congress Party (Ajit Pawar) – haven’t announced the next chief minister of Maharashtra as of Monday (November 25) afternoon.
While the BJP and NCP (Ajit Pawar) camp are keen on Devendra Fadnavis, the Sena may seek Eknath Shinde’s return as the CM.
The picture in Maharashtra is likely to be clear in the next three-four days. Fadnavis and Shinde are in Delhi to attend a wedding on Monday and may have an informal meeting with home minister and BJP leader Amit Shah on the sidelines. The oath-taking is likely on November 28 or 29.
But what about the ending of the term? Does the government have to take oath before November 26? What happens if it doesn’t? What if the Mahayuti is unable to decide on the CM’s name by the end of the day? Will the President’s rule be imposed in Maharashtra?
News18 gets the answers.
NOT MANDATORY FOR NEW GOVERNMENT TO BE FORMED BEFORE NOVEMBER 26
According to sources in the legislative assembly, it is not mandatory for a new government to be formed or for a new chief minister to take the oath before November 26. “The assumption that President’s Rule will automatically come into effect in the state after midnight, as the term of the existing assembly expires, is incorrect. There is no constitutional obligation for a new government to be formed by November 26,” they said.
IN MAHARASHTRA IN THE PAST
Sources further said that there have been several instances where the swearing-in of a CM occurred after the term of the Maharashtra assembly had expired. A look at some of them:
- The term of the 10th assembly ended on October 19, 2004, and the swearing-in of the new CM for the 11th assembly took place on November 1, 2004.
- The term of the 11th assembly ended on November 3, 2009, and the new CM for the 12th Assembly was sworn in on November 7, 2009.
- The term of the 12th Assembly ended on November 8, 2014, and the new CM for the 13th assembly was sworn in on October 31, 2014.
- The term of the 13th assembly ended on November 9, 2019, and the new CM for the 14th assembly was sworn in on November 28, 2019.
CM SHINDE MAY RESIGN TODAY, MAY BE ASKED TO BE CARETAKER CM
According to the provisions available under the law, the Election Commission will notify the constitution of the new assembly, which has been done on Sunday night.
It is likely that chief minister Eknath Shinde will resign on Monday and the governor may ask him to continue as the caretaker chief minister till the new government is formed, said sources.
