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TVK lacks the numbers to form govt, Guv tells Vijay

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There was no sign of government formation in Tamil Nadu on Thursday even after voters of the state two days ago elected the TVK as the single largest party.The matter remains stuck at the level of Governor Rajendra Vishwanath Arlekar, who met TVK chief C Joseph Vijay on Thursday morning and told him that he did not have the numbers required to take oath as Chief Minister.A statement from the Tamil Nadu Lok Bhavan said, “During the meeting with TVK chief Vijay, the Governor explained that the requisite majority support in the Tamil Nadu Legislative Assembly, essential for forming the government, has not been established.”What Sarkaria Commission saysWhen no party commands an absolute majority in the House, the Governor should select a CM from among the following parties or group of parties in the order of preference:– A pre-poll alliance of parties– The single-largest party staking a claim to form the government with the support of others, including Independents– A post-poll coalition of partiesThe TVK, which won 108 seats in an Assembly of 234, requires 118 seats and so far only has the public support of five Congress MLAs, taking the count to 113.While sources said the TVK was mulling moving the court against the Governor’s position, Vijay reached out to potential allies for support today.The CPI and the CPM have said they will state their stand tomorrow. Both have two lawmakers each.The VCK, which also has two MLAs, said it would take a call once the Left had firmed up its stance.CPM Tamil Nadu secretary P Shanmugam, CPI state secretary Veerapandian and VCK leader Thol Thirumavalavan said they would decide by tomorrow even as all parties, including the DMK, condemned the Governor for not inviting the single-largest party to form the government.The Tamil Nadu Congress, in a statement, said governments were not decided in the lawns of Lok Bhavans, they were decided on the floor of the Assembly.“Experts say the Governor cannot demand a list of 118 MLAs who will support the TVK-led government. In our assessment, the BJP is creating confusion in Tamil Nadu. The TVK should be called and asked to prove its majority on the floor of the House. That’s the norm,” Thirumavalavan said.Senior lawyer Kapil Sibal cited the 1988 Sarkaria Commission recommendations in the event of a hung House to say that when no pre-poll alliance is in a position to form the government, the single-largest party is to be invited.“In Tamil Nadu, Governors have been agents of the BJP. They have mauled the Constitution to serve the BJP’s interests. The Governor must call Vijay, leader of the single-largest party, swear him in as the CM and let him prove his majority on the floor of the House. No post-poll alliance is in majority, so the path is clear. The Sarkaria Commission settled this law, but who listens,” Sibal said.Former Union Law Minister Ashwani Kumar said the constitutional remit of the Governor in this case was to invite the leader with majority support to form the government.“It is clear that support of six other MLAs for Vijay will be forthcoming anytime now. The correct course for the Governor is to honour the people’s mandate and call upon Vijay to prove his majority on the floor of the House. The exercise of constitutional prerogative by the Governor cannot be seen at odds with the spirit of the mandate and the political morality that underpins democratic politics. Delaying the swearing-in of Vijay is a political outrage and a constitutional heresy,” Ashwani Kumar said.

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