More than two weeks after the results of elections to the Maharashtra state assembly were announced there are no signs of new government being formed. The term of the current Maharashtra state assembly would come to an end on 9th November and as per the Constitutional requirements, the newly elected assembly would have to take the oath.
However, the stalemate between BJP-Shiv Sena on the 50-50 formula which looks never-ending has put a question mark on who would be the Cheif Minister of Maharashtra. The BJP-Shiv Sena alliance got 161 seats with BJP grabbing 105 to emerge as the single largest part.
Now, if the new government is not formed till 9th November then the newly elected MLAs would take oath and would form a fresh assembly. The role of Governor would be crucial as he would now invite the party leaders to prove their majority on the floor of the house.
The Governor also has the option to choose any person from any political party as the leader of the house and ask him to prove the majority in a given amount of time. He can also ask MLAs to choose their leader by the process of voting. If still no one is able to prove majority then President’s rule would come in place.
However, Constitutional experts have ruled out the possibility of President rule saying that this a measure of last resort. Even after the President’s rule comes to effect the opportunity to prove the majority and form government would be open to all the parties, said the experts.
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The President’s rule remains in effect for a maximum of 6 months (unless required to be extended) and during the period fresh elections to the state assembly would have to be conducted to get the new mandate.