The Supreme Court on Sunday asked solicitor-general Tushar Mehta to place before it on Monday morning the letters of the state governor recommending revocation of President's rule and inviting Devendra Fadnavis to form the government in Maharashtra.
A bench of Justices N. V. Ramana, Ashok Bhushan and Sanjiv Khanna also issued notices to the Centre and Maharashtra government on a petition filed by the Shiv Sena-NCP-Congress combine against governor Bhagat Singh Koshyari's decision to swear in Fadnavis as the chief minister.
The court also issued notice to Fadnavis and deputy chief minister Ajit Pawar.
The bench asked Mehta to produce letters of the governor tomorrow at 10.30 am for passing orders.
The apex court declined the fervent request of Mehta seeking two days time to place the governor's communication on record.
Senior advocate Kapil Sibal and A. M. Singhvi, appearing for the combine, told the bench that floor test be conducted today itself so that it can be ascertained that Fadnavis enjoys majority in the house.
They maintained that post-poll alliance of the three parties have the majority in the 288-member house.
While Sibal termed as 'bizarre' the governor's decision to revoke President's rule and anoint Fadnavis as the chief minister, Singhvi said it is a 'murder of democracy'.
Senior advocate Mukul Rohatgi, appearing for two BJP MLAs and some Independents, questioned the maintainability of the writ petition filed by the combine and said they should have approached the Bombay High Court.
The Shiv Sena, NCP and the Congress told the apex court that they have the majority in the Maharashtra Assembly and Fadnavis does not have the numbers to prove majority on the floor of the House.
'If Devendra Fadnavis has numbers to prove majority, let him prove it on floor of the House, else we have numbers to form a government in Maharashtra,' Sibal said.
Earlier in the day, the BJP expressed confidence that Fadnavis will prove his government's majority in the state Assembly, claiming he has the support of more than 170 MLAs.
BJP leader Ashish Shelar said Fadnavis will provide a stable and strong government.
'With Fadnavis and Ajit Pawar having taken oath, there is a sense of happiness and positivity among people,' he said.
'Fadnavis has the support of more than 170 MLAs and the BJP government will prove majority on the floor of the House,' he said.
Shelar said the governor has given time till November 30 to the new government to prove its majority on the floor of the House.
At the hearing, Singhvi submitted that 41 MLAs of NCP are with Sharad Pawar.
While 54 is the total strength of NCP, 41 MLAs wrote to the Maharashtra governor saying Ajit Pawar has been removed as its leader, Singhvi told the bench.
Sibal said that November 30 deadline given by the governor to the ruling party to prove majority is meant to do 'something else'.
'It is a complete betrayal and annihilation of democracy where the government has been allowed to be formed when 41 NCP MLAs are not with them,' they submitted.
The top court said no one is disputing that floor test is best method to show majority.
Rohatgi said how can a political party approach the apex court under Article 32 for violation of Fundamental Rights.
Singhvi referred to judgments in various cases, including dismissal of Uttarakhand Cong govt, saying that floor test is ultimate test.
He also referred to 2018 apex court's order in Karnataka case and said floor test was ordered and there was no secret ballot.
'Floor test is Constitutional obligation, No formality is needed and it can be ordered,' Singhvi told the bench.
Rohatgi opposed the NCP plea.
'They (three parties) were given time but they did not form the government, so let Fadnavis prove majority as there was no tearing hurry,' Rohatgi told the bench.