If a common man is not working, then he won’t have money to fulfil his needs. But if an elected representative is not working he/she will still be entitled to their salary. This is the current case for the 288 MLAs elected in the 14th Maharashtra Legislative Assembly. As per the constitution, a new assembly comes into existence immediately after the term of the previous one expires.
As the tenure of the 14th Legislative Assembly has started the MLAs will be sworn in and will start receiving their salaries, allowances, etc.
Practising lawyer at the Bombay High Court, advocate Vijayalaxmi Khopde sheds light on the issue, “Even if there is no claim to form a government, the senior-most legislator is invited to administer the oath to the other newly-elected MLAs.”
But even as MLAs will continue to get their salary, if there is a delay in government formation various petitions, bill, and benefits of various schemes will be delayed. “The governor should have invited the single largest party much before. Whatever the internal politics may be, the government should not suffer. The most dangerous thing is the absence of the State Home Ministry. If a certain law and order situation arises how will it be tackled? ” asked Vijayalaxmi.
The results for the Maharashtra assembly polls came out on two weeks ago on October 24. Devendra Fadnavis led Bhartiya Janata Party – Shiv Sena alliance got people’s mandate to form the government. While BJP got 105 seats, Shiv Sena won on 56 seats. The alliance has 161 seats in a 288 seat assembly, way past the halfway mark to form the government.
But as soon as the results were declared, the Shiv Sena reminded BJP of the 50-50 rule both parties agreed upon before the Lok Sabha elections. Since then both parties are in a tussle over the Chief Minister’s post. Fadnavis resigned as Maharashtra CM on Friday a day before the tenure of the 13th Legislative Assembly ended on Saturday, October 9. But Fadnavis continues to serve as caretaker CM on governor’s request until alternative arrangements are made.
After the CMs resignation, the Governor has invited the single largest party, BJP, to stake claim to form a government.
If they fail, then the second-largest party, Shiv Sena will be invited to form the government.
Rajya Sabha MP, Sharad Pawar’s Nationalist Congress Party, has said that if the Shiv Sena votes against BJP, they will attempt to form an alternative government.
If parties fail to form a government, then the governor may send a message to legislators to elect their leader by way of voting.
If all of the above fails then there will be a President’s Rule for six months during which if any party can stake claim to form a government if they feel they have the required numbers.
But in the worst-case scenario if the President’s rule continues for six months, then the Election Commission will have to announce fresh elections in the state.
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