. It, therefore, follows that the leader of a coalition of parties who have majority support has a prior claim to chief ministership over the leader of the single largest party without a majority of its own. Yeddyurappa. This clearly confers a fair measure of discretion, but is it untrammelled? Can the governor appoint whoever he wants? This is where you need to understand the Constitution, historical precedents and Supreme Court judgments.R.03 says something significantly different: "In choosing a chief minister, the governor should be guided by the following principles — (the first of which is) the party or combination of parties which commands the widest support in the Legislative Assembly should be called upon to form the government.04 supports this interpretation but the preceding section 4.The Constitution requires a stable government and that means the governor must appoint a chief minister who has majority support in the Assembly. The governor must choose the person who has or is most likely to have majority support rather than the leader of the single largest party unless, of course, the two are the same. Narayanan reverted to the correct constitutional position. But this formula was his own concoction. The Supreme Court has also clearly laid this down."

This clearly stipulates that the governor should choose the person who can command majority support and not simply the leader of the single largest party."So, to sum up, the requirement of our Constitution, numerous historical precedents and several Supreme Court judgments stipulate that while the governor has discretion in appointing a chief minister, it is only to the extent of identifying the individual who can command or best hope to command a majority in the Assembly. But in a hung Assembly, if a combination of smaller parties can together command a majority their leader has prior claim.11. It worked in 1989, but when President Shankar Dayal Sharma applied it in 1996 it led to the farcical 13-day minority BJP government headed by Atal Behari Vajpayee, although any credible assessment of the Lok Sabha would have established the existence of a coalition of parties with a clear majority which, therefore, had prior claim.In the 2006 Rameshwar Prasad case, the court ruled: "If a political party, with the support of other political parties or other MLAs, stakes claim to form a government and satisfies the governor about its majority to form a stable government, the governor cannot refuse formation of the government and override the majority claim because of his subjective assessment that the majority was cobbled by illegal and unethical means. If nothing happens, then the governor is duty bound to call the leader of the single largest party, but if someone goes to the governor with a list of supporters, then it is a different issue altogether. It was also, most unfortunately, overlooked by the Supreme Court in the early hours of Thursday morning. President Venkataraman sought to create a government by calling upon leaders of parties according to the size of their Lok Sabha representation. (the) governor is not an autocratic political ombudsman. Admittedly section 4.Now the view that the Sarkaria Commission gives priority to the claim of the leader of the single largest party over that of a post-electoral alliance is disputable.. Therefore he cannot appoint someone who patently does not have majority support or a credible potential to gain it."Similarly last year, in the Goa case, the Supreme Court ruled: "When no political party is in majority, then it is the bounden duty of the governor to see who can form the government.

The same constitutional logic applied in 2017 in Goa and Manipur and earlier this year in Meghalaya, when leaders of the second largest party could prove they had majority support.11.Now, let’s come to the R. Indeed, political parties are not even mentioned in the original The truth is rather than exercise his judgment to determine which leader had majority support in the hung Lok Sabha, a process which he feared could be messy, Venkataraman devised this formula to avoid possible controversy. (must give) the first opportunity to the leader of the party or combination of parties that has won the largest number of seats, subject to the Prime Minister so appointed obtaining majority support on the floor of the House within a stipulated time..S. The questions are: "Do governors have discretion in appointing a chief minister?" and "Is that discretion untrammelled or limited by other considerations?"Article 164(1) simply says that "the chief minister shall be appointed by the governor" which, prima facie, gives the governor the right to choose as he deems fit. In 2003, 2005 and 2013 governors in Karnataka, Jharkhand and Delhi bypassed the single largest party to call on an alliance of smaller parties because they constituted Wholesale Folding umbrella for sale a majority." Once again, the mesغير مجاز مي باشدe is clear.In the event that there is a party with a majority its leader obviously has to be the person the governor chooses. In turn, this means that the governor’s discretion is limited to determining who that individual might be. Venkataraman principle, established in 1989 when India got its first hung Parliament.India has several precedents where this is precisely what happened.This is why in 1998 President K. Narayanan’s order of March 12 is crystal clear and explicit: "When no party or pre-election alliance of parties is in a clear majority, the head of state. It has no basis in our Constitution and differs with the practice of theHouse of Commons which, till then, India had followed.

However, it’s not just historical precedents that have reinforced the constitutional requirement to appoint a stable government on the basis of choosing a chief minister who commands majority support. But, perhaps, the court might rectify that at the hearing on Friday.The political crisis in Karnataka has thrown up two questions which can only be clearly and undisputedly answered if we pay attention to the Constitution, historical precedents and Supreme Court pronouncements.Alas, the Karnataka governor ignored this when he administered the oath to B.. No such power has been vested with the governor.

Senior leader Ajay Maken, chairman of the party’s SC cell K.On Monday, however, Mr Modi "congratulated" Mr Gandhi on taking over as Congress chief. My best wishes for a fruitful tenure.To address speculation in the party that his elevation could mean the curtains down on a host of party veterans, Mr Gandhi has time and again promised a perfect "blend of the old and the new". His electoral credibility continues to remain suspect even among a section of party leaders. He has also been described as a "rockstar" due to the mega response to his rallies in Gujarat.

The first was Motilal Nehru followed by Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi and  Sonia Gandhi, who has been the longest serving Congress president clocking in a reign of 19 years. "The most crucial part will be to maintain a delicate balance between secularism and soft Hindutva," a senior Congress leader said.New Delhi: The scion of Nehru-Gandhi family and Congress vice-president Rahul Gandhi was finally crowned the 87th president of the Indian National Congress (INC) on Monday, an outcome which did not come as a surprise due to his unopposed candidature for the top post in a party election that was reduced to a formality.Earlier, Mr Gandhi had used seniors like Ahmed Patel, Ashok Gehlot and Kapil Sibal to deal with regional satraps like Lalu Yadav and Mulayam Singh Yadav."Congress insiders feel that besides the uphill task of taking on Mr Modi, the Congress president-elect would now have to chalk out the roadmap ahead.The announcement of Mr Gandhi’s election to the post was made by the Congress’ central election authority chairman Mullapally Ramach-andran.That the BJP, its president Amit Shah and the Prime Minister have begun to take him "seriously" became evident when they relentlessly targeted him and kept referring to him in their speeches.Till now Mr Gandhi’s record in electoral politics has been an embarrassment for the party.Mr Gandhi, 47, will officially take charge of the party by replacing his mother Mrs Sonia Gandhi on December 16, two days before the announcement of election results for Himachal and Gujarat Assembly polls.Regardless of the outcome of the Gujarat polls, a section of BJP leaders, while speaking to this newspaper, "appreciated" the way Mr Gandhi has managed to dodge the Modi-Shah’s baits with nationalist and communal overtones during the campaigning.

As for the changes expected in the Congress under its new president, speculation is rife that unlike his mother Mr Gandhi will not have any political secretary. Raju and communications chief Randeep Singh Surjewala may find a place in that panel.The Congress-elect is the sixth generation of Gandhi-Nehru family to lead the party.While the party and its leaders fell over each other on Monday to congratulate the president-elect, all eyes are on the outcome of Gujarat polls, being dubbed as a fight between Mr Gandhi and Prime Minister Narendra Modi. If Mr Gandhi manages to trounce Mr Modi in his home turf, he will emerge as nothing less than a superhero. He said Mr Gandhi will formally take over the reins of the party on December 16. "I congratulate Rahulji for his election as Congress president.As expected, Mr Gandhi was elected unchallenged.Mr Gandhi, often branded as "Pappu", particularly by the BJP, virtually stumped the saffronites with his new avtaar as he led the charge in Gujarat election whose final phase of polling is scheduled for December 14.Starting his political career in 2004 by winning Lok Sabha election from the family bastion of Amethi, Mr Gandhi became party general secretary in 2006.Mr Gandhi hasn’t merely taken on the BJP on the social media, but has won several rounds in this virtual battlefield which had so far been dominated by the saffronites. But if mauled and trounced in Gujarat, his leadership will again come under scanner and be questioned. Instead, there could be a panel to "advise and guide" the new Congress president. In 2013, he  became Congress vice-president.Congress leaders also said that Mr Gandhi will have to counter the "militant nationalism", being propagated by the BJP, with his "Nehruvian views".As for allies, the generations next, which include Akhilesh Yadav of the Samajwadi Party and Tejashwi Yadav of the RJD, are close to Mr Gandhi.

There was a minor storm in the teacup when Shehzad Poonawalla, Maharas-htra Congress state Wholesale wholesale tents for sale unit secretary, questioned called the organisational elections a sham. Mr Gandhi kept his focus on economic policies of the Modi government, while the BJP and its leaders evoked nationalism, Pakistan and even played religion and caste cards..The new-look Congress may also have a couple of vice-presidents, which may include former Lok Sabha Speaker Meira Kumar, Leader of the Opposition Ghulam Nabi Azad and former Delhi chief minister Sheila Dikshit. On Monday, Mr Poonawalla tweeted that Mr Gandhi’s election marked a black day for the party.

"Controversy broke out after Sharad Yadav on Thursday declared in Patna that he was still with the Grand Alliance of the RJD and Congress. By calling us she wants to create a rift between party members.Also, with Sonia Gandhi inviting Sharad Yadav in the Opposition meeting today, the party has come down heavily on the Congress President saying she is trying to create a rift within the Nitish Kumar-led party."Sharad Yadav is free to take his own decision.New Delhi: Bihar Chief Minister Nitish Kumar on Friday said that former Janata Dal (United) leader Sharad Yadav has every right to take his own decision as to where his loyalties lie, adding the decision to form an alliance with the Bharatiya Janata Party (BJP) was made with the consent of the entire party. We already have broken our ties with UPA and Mahagathbandhan.

Another wagon was added in the midst of Bihars ongoing "battle", when Yadav announced that he would kickstart a three-day Jan Samvad Yatra to discuss the repercussions of the withdrawal of the grand alliance in the state, adding that the faith of 11 crore people of Bihar was broken.Day one of the tour will see Yadav covering Patna-Sonpur-Muzaffarpur, while on day two he will be visiting Muzaffarpur-Darbhanga-Madhubani..Yadav will visit nearly eight to ten constituencies of Bihar from August 10 to 12 and will hold discussions.The senior party leader further said that the mandate was supposed to be for five years, which didnt happen and they are disappointed."One manifesto was ours and one manifesto was that of the Bharatiya Janata Party (BJP)."I have been conducting rallies for 40 years. I have made it clear earlier also, but if still he wants to put forward his opinion then he is free to do so," Kumar said. In the 70 years of history, I cannot find an example where two opposition parties have a common manifesto," he said. The decision taken is not based on my will only, it had been made with the consent of the entire party.Yadav has rebelled against party president and Bihar Chief Minister Nitish Kumar for breaking away from the grand alliance to join hands with the BJP last month.This came after Nitish severed ties last month with the Grand Alliance of Rashtriya Janata Dal (RJD) and Congress, to form a Wholesale waterproof tents for sale government in Bihar with the Bharatiya Janata Party (BJP).Addressing the media, Yadav said that people, who established the mandate were hurt because of the whole situation.

Even during the elections, we stayed in Bihar, did their publicity and stood with the mandate," Yadav said. As far as party is concerned, the party has taken its decision."I would just like to say that I still stand with the mandate and am going to meet a few friends from the Janata Dal," he added.Yadav further said that these are "troubled" times for democracy in Bihar.Speaking to ANI, JD (U) general secretary KC Tyagi said, "Calling our party members in meeting of Opposition leaders reveals Sonia Gandhis wrong intentions.

The MGP also passed a resolution extending support to the BJP if it forms government under the leadership of Mr Parrikar.Though there was no official confirmation on whether or not Mr Parrikar had resigned from the Union Cabinet, senior Union minister Nitin Gadkari, the BJP’s election in-charge for Goa, said the state unit had requested that Mr Parrikar be the chief minister, which was "agreed" to by Prime Minister Narendra Modi and the parliamentary board of the party. Saturday’s poll results had thrown up a hung Assembly, with the BJP winning 13 seats and the Congress 17 in the 40-member Assembly. The BJP won back former ally Maharashtrawadi Gomantak Party (MGP), got a new ally in Goa Forward Party (GFP) and the support of two Independent MLAs.The MGP had snapped ties with the BJP ahead of the Assembly elections over former CM Laxmikant Parsekar’s style of functioning. Ever since the Assembly elections were announced, the Goa BJP unit has been demanding that Mr Parrikar return to the state. He said the BJP should accept defeat as the people of Goa had rejected the party.

The newly-elected BJP MLAs also passed a resolution urging party president Amit Shah to nominate Mr Parrikar as leader of the legislature party. He was also the party’s "star campaigner".Congress general secretary Digvijay Singh accused the BJP of "horse-trading, promising sums, ministries, corporations and SUVs to non-BJP MLAs to get their support". The name of railway minister Suresh Prabhu is Wholesale Folding Umbrellas Suppliers doing the rounds as Mr Parrikar’s possible successor. The halfway mark in the 40-member Assembly is 21 and the BJP has 22 MLAs on its side..Earlier on Sunday, the newly-elected BJP MLAs unanimously backed Mr Parrikar as state legislature party leader, while the MGP too said it would support a government led by Mr Parrikar.New Delhi: Defence minister Manohar Parrikar is all set to head back to home state Goa as the next chief minister, where the BJP managed to get the required numbers to retain power. Sources said two BJP MLAs had also indicated they were ready to vacate their seats for Mr Parrikar to be elected to the House. But the BJP managed to get three MGP, three GFP and two Independent MLAs to reach the halfway mark of 21.Mr Parrikar met Goa governor Mridula Sinha on Sunday evening along with Mr Gadkari, 13 party MLAs, three Maharas-htrawadi Gomantak Party MLAs, three Goa Forward Party and three Independent MLAs.

While the BJP is also in touch with the NCP, that won one seat, the latter was yet to officially reach out to the BJP."I have never seen in any other state where a political party which has been rejected outright, where the CM has lost, six ministers have lost, yet are staking claim to forming the government," the senior Congress leader said.Goa BJP chief Vinay Tendulkar also said the central leadership had agreed that Mr Parrikar should head the BJP legislature party in the state. Mr Parsekar lost his Mandrem seat to his Congress opponent this time, and tendered his resignation earlier during the day.

The year 2009 witnessed three senior leaders Prafulla Chandra Gadhai, Kalindi Behera and Kalpataru Das successfully securing the political future of their sons in the party by ensuring tickets for them. Prafulla Ghadai’s son Prit***jan Ghadai and Kalindi Behera’s son Chandrasarathi Behera entered the Assembly, alongside their fathers from new constituencies while Mr Das vacated his Dharmasala Assembly seat for son Pranab Balabantaray.Senior BJD leader and former Odisha steel and mines minister Padmanabh Behera’s wife Bishnupriya Behera had also blessings of Naveen Patnaik.

It all started in 2000 when Naveen Patnaik, then Union minister resigned from the Atal Behari Vajpayee government to lead the state as chief minister. She represented Balangir in the 12th, 13th, and 14th Lok Sabha.Apart from turning out to be the launching pad, the regional party has also become the most fertile platform for the friends and relatives of the senior leaders to grow in their career.Besides rehabilitating party leaders’ family members, Naveen Patnaik in the last 20 years, has successfully wooed sons and daughters of leaders who were once opposed to his party.The chief minister also accommodated Rajanikant Singh, son of party leader Adwaita Prasad Singh, in the party and got him elected to the Assembly from Angul. She got party ticket in 2000 and became the child welfare minister of the state.Former deputy chief minister and senior Congress leader Basanta Kumar Biswal’s two sons — Ch***iib Biswal and Rajib Biswal — to some extent have managed to remain at the centre stage.After rehabilitating his son on the Dharmasala seat, Mr Das went to the Rajya Sabha. enior BJP leader V.

While the BJP and Congress fail to attract the family and friends of the senior politicians as the two parties struggle to do well in the electoral exercises.In 2014, after the death of Hemendra Chandra Singh, the BJD MP from Nayagarh, Naveen Patnaik gave ticket to the latter’s wife Pratyusha Rajeshwari Singh and ensured her victory by a massive campaign.Very recently, Naveen Patnaik attracted to his party his bitter critic Soumyaranjan Patnaik, son-in-law of former chief minister J.Sources in the BJD said that a few more leaders of the party are planning to field their sons in the 2019 electoral battle. In the same year also, Naveen Patnaik gave ticket to Bijaya Laxmi Patnaik, widow of former MLA and Biju Patnaik’s son Aruna Kumar Patnaik to contest from Khandapara. Pranab Prakash Das, son of Ashok Das, went on to become one of its most powerful leaders. Singhdeo’s wife Sangeeta Kumari Singhdeo was also promoted in the BJP.Former chief minister and Congress leader Nandiini Satpathy’s son Tathagat Satpathy has remained with the party since its birth in 1997. Similarly, he nominated Jyotiprakash Panigrahi, son China Wholesale Party Tent Manufacturers of his colleague Parsuram Panigrahi, to contest from Simulia seat in Balasore district.Communist leader Nityananda Pradhan and his daughter Renubala Pradhan were enrolled into the BJD and sent to the Lok Sabha and the Rajya Sabha. Ms Behera won the seat by defeating Sitkanta Mishra of the Congress..B. He nominated party’s senior leader Ramakrushna Patnaik’s wife Kumuduni Patnaik to contest from the Aska Lok Sabha constituency vacated by him. Patnaik of the Congress.In 2002, the BJD chief nominated Mandakini Behera, wife of his cabinet colleague Bhagabat Behera, to contest the Nayagarh Assembly by-election after the latter’s untimely death.

In that case, the verdict came well before the May 1996 general election, in December 1995. Mr  Naidu requested Ms Renuka Chowdary, a party MP then, who had been suspended by NTR, to help him out in the crisis, promising she would be back in the party, and she obliged.N. Rama Rao, and removed him from the posts of party president and chief minister, NTR had written to the governor saying he wanted to wind up the party and as party president could do so.Like it happened in the case of the Telugu Desam Party, the Election Commission has to allot dates for conducting hearings on the claims, hear a majority of legislators, MPs, politburo members, district and block level party units, and allow arguments by the respective advocates.

In the case of the ongoing crisis in the Samajwadi Party, the row has erupted when elections for the Uttar Pradesh Assembly are just a few weeks away, and the EC may not have time to go into the merits of the case.Hyderabad: The crisis in the Samajwadi Party, where two claimants are seeking recognition as the ‘original party’ and having the right to use the party’s symbol, the cycle, is reminiscent of the N. Thereafter I differed with him on other issues and left the party," Ms Chowdary said."It is a time-consuming process. Before he could do that, Mr Naidu cleverly organised a general body meeting of the Telugu Desam Party in Basant Talkies where a resolution was passed removing NTR from the party president’s post and electing Mr Naidu in his place. "Yes, I moved heaven and earth in those days and helped Naidu to retain the original party status and the symbol..T.When NTR met the governor, the latter informed him that he had been removed as party president.Based on this, the EC served notices to the NTR-led faction and conducted a series of hearings, arguments and counter arguments before deciding in favour of Mr Naidu."

It may take five to six months for the Election Commission to decide on the claims by the Samajwadi Party groups," said former Election Commission adviser K. In 1995, when the majority group led by Mr Naidu in the Telugu Desam had revolted against founder and president of the party N. Rama Rao-Chandrababu Naidu tussle in the Telugu Desam in August 1995.T. Seshan, had ruled in Mr Naidu’s favour after a thorough inquiry.The Election Commission, then chaired by the redoubtable Chief Election Commissioner T. Rao.She used her clout in Delhi, and played a key role in the Election Commission’s decision. Interestingly, the China Wholesale Foldable Gazebos Manufactures TDP’s poll symbol is also cycle.J. The EC may freeze the election symbol temporarily till it decides which group should get it, and allot temporary reserved symbols to both the groups contesting the coming Assembly elections," said a former election commissioner who did not want to be named.