INSUBCONTINENT EXCLUSIVE:
MUMBAI: The move by NCP legislators led by Ajit Pawar, while being "politically smart," is importantly "not a legal conundrum," said legal
Several of them pointed out that since Ajit Pawar, after being sworn in as deputy CM, said it is the NCP that is supporting the government,
there is no question of a split and no legal ramifications would follow
Some lawyers, though, said the governor must be satisfied that the party is supporting the ruling alliance
A former Bombay HC judge, Justice (retd) B H Marlapalle said, "It's clear by now, based on multiple media reports, that the NCP legislators
held a meeting this morning in the city and decided to support the government
It is therefore presumed the resolution was communicated to the Governor immediately, who then was satisfied." "The question of the party
supporting Ajit Pawar is moot until a question of disqualification due to a split arises in future," former state advocate general S G Aney
He said "satisfaction of governor at this stage is irrelevant to the matter" and added that as Supreme Court in its recent judgment in the
Shiv Sena case has said, if such an issue was to arise, the Speaker of the House is the authority to go into it at the first instance
To actually join the BJP, Ajit would have had to first resign as an MLA, but for him and his NCP MLAs to extend their support and join
government, there would have to at least be 36 out of 54 MLAs who support such a move
The figure of 40 MLAs supporting him was being bandied
While noting that actual numbers pave the path, Aney said, "The Constitution doesn't require the governor to arrive at any satisfaction on
the political status of ministers to be sworn in
To which party they belong is a matter to be determined by the Speaker on valid objection raised before him (the Speaker)." "One doesn't
have to wait for the House to assemble, but because there is no question raised today of any disqualification, there was no reason why the
governor could not have administered oath to them
Should such question arise in future, it will have to be determined by the Speaker." Will there be any legal moves? "According to Ajit Pawar
the majority of MLAs are with him and that seems to be the case
Hence prima facie the real NCP has spoken," said senior counsel Mahesh Jethmalani
Any dispute, were it to arise, will be tested before the Speaker, he added.
