Maharashtra: Is it necessary to form a new government before the end of the Assembly term on November 26?

Last update:November 25, 2024, 3:36 p.m. IST

The situation in Maharashtra is expected to be clear in 3-4 days, with swearing-in likely on November 28 or 29. But in the meantime, what about the end of the mandate? Will presidential rule be imposed?

The BJP and NCP’s Ajit Pawar are pushing for Devendra Fadnavis to be the CM, while the Sena camp wants Eknath Shinde (R) to continue. (PTI file)

The term of the Maharashtra assembly ends on November 26.

While the ruling Mahayuti won a spectacular victory in the assembly elections on Saturday, the constituents – the Bharatiya Janata Party (BJP), Shinde Sena and the Nationalist Congress Party (Ajit Pawar) – did not announce the next chief minister on Monday of Maharashtra (November 25) afternoon.

While the BJP and NCP (Ajit Pawar) camps are keen on Devendra Fadnavis, the Sena may seek the return of Eknath Shinde as CM.

The situation in Maharashtra is expected to clear up in the next three to 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 swearing-in will likely take place on November 28 or 29.

But what about the end of the mandate? Should the government be sworn in before November 26? What happens if it doesn’t? What happens if the Mahayuti is unable to decide on the CM’s name by the end of the day? Will President’s rule be imposed in Maharashtra?

News18 gets the answers.

NOT OBLIGATORY FOR THE FORMATION OF A NEW GOVERNMENT BEFORE NOVEMBER 26

According to sources in the Legislative Assembly, it is not mandatory for a new government to be formed or a new chief minister to be sworn in before November 26. “The assumption that President’s rule will automatically come into force in the State after midnight, as the term of the existing assembly expires, is incorrect. There is no constitutional requirement that a new government 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 took place after the expiry of the term of the Maharashtra assembly. An overview of 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 of the 12th Assembly was sworn in on November 7, 2009.
• The term of the 12th Assembly ended on 8 November 2014 and the new CM of the 13th assembly was sworn in on 31 October 2014.
• The term of the 13th assembly ended on November 9, 2019 and the new CM of the 14th assembly was sworn in on November 28, 2019.

CM SHINDE MAY REIGN TODAY, MAY BE ASKED TO BE ACTING CM

In accordance with the provisions of the law, the Electoral Commission will notify the constitution of the new assembly, which was done on Sunday evening.

Chief Minister Eknath Shinde is likely to resign on Monday and the governor may ask him to continue serving as caretaker chief minister until the new government is formed, sources said.