Explainer: The tenure of the Assembly is ending, is it necessary to become a new CM before that?

The tenure of Maharashtra Assembly is ending on 26 November. The ruling Mahayuti got a landslide victory in the assembly elections held here, but till the evening of Monday 25 November, the camp comprising Bharatiya Janata Party (BJP), Eknath Shinde’s Shiv Sena and Nationalist Congress Party (Ajit Pawar) has not announced the next Chief Minister of Maharashtra. . While BJP and NCP are insisting on making Devendra Fadnavis the Chief Minister, Shiv Sena wants to make Eknath Shinde the Chief Minister again.

The picture of Maharashtra is likely to become clear in the next three-four days. Fadnavis and Shinde are in Delhi to attend a wedding ceremony on Monday. During this, both the leaders can meet Home Minister and BJP leader Amit Shah. The swearing-in ceremony is likely to take place on November 28 or 29.

However, meanwhile, a question arising in everyone’s mind is that if the tenure of the Assembly is ending on 26th November, will the new government have to take oath before 26th November? What if it doesn’t happen? What will happen if Mahayuti is not able to decide on the name of CM by the end of the day? Will President’s rule be imposed in Maharashtra?

Is it necessary to form a new government before November 26?
According to sources related to Maharashtra Assembly, it is not necessary to form a new government or take oath of the new Chief Minister before November 26. Sources said, ‘The notion that after the end of the tenure of the current assembly, President’s rule will automatically be imposed in the state is wrong. There is no constitutional obligation to form a new government by 26 November.

This has happened before too
Sources further said that there are many such instances when the CM took oath after the tenure of Maharashtra Assembly ended. Let’s take a look at some examples…

• The tenure of the 10th Assembly ended on 19 October 2004 and the swearing-in ceremony of the new CM for the 11th Assembly took place on 1 November 2004.
• The tenure of the 11th Assembly ended on 3 November 2009 and the new CM for the 12th Assembly took oath on 7 November 2009.
• The tenure of the 12th Assembly ended on 8 November 2014 and the swearing-in ceremony of the new CM for the 13th Assembly took place on 31 October 2014.
• The tenure of the 13th Assembly ended on 9 November 2019 and the new CM for the 14th Assembly was sworn in on 28 November 2019.

CM Shinde will resign, can be made acting CM
As per the provisions available under the law, the Election Commission will issue notification for the formation of the new assembly, which has been done on Sunday night. Sources said that there is every possibility that Chief Minister Eknath Shinde will resign on Monday and the Governor may ask him to remain the acting Chief Minister till the formation of the new government.

Tags: Devendra Fadnavis, Eknath Shinde, Maharashtra Elections, Maharashtra news, Special Project