As the term of Maharashtra’s 14th Legislative Assembly concludes on November 26, the legal requirements for forming a new government are outlined, with no immediate binding to establish it by the deadline. The key legal necessity is the constitution of the new Assembly, which must occur before the term’s expiration.
Notification Process
According to Section 73 of the Representation of the People Act, 1951, the Chief Electoral Officer (CEO) will submit a draft notification on the Assembly’s constitution to the Governor on or shortly after the election results are declared. The Governor will then issue a Gazette notification to officially form the 15th Legislative Assembly. This process must be finalized by November 26.
Claiming Government Formation
Following the notification, the party or alliance with a majority of seats can stake a claim to form the government. Former Legislature Secretary Anant Kalse explained that the claim must include letters of support signed by at least 145 members in the 288-member Assembly. The claim must also identify the leader who will serve as Chief Minister.
The Governor will verify the support and invite the proposed leader to take the oath as Chief Minister. Following this, the Cabinet will be sworn in.
Commencement of the New Assembly’s Term
Once the Cabinet is formed, the first session of the 15th Legislative Assembly will be convened. During this session, newly elected MLAs will be sworn in, officially marking the start of the Assembly’s five-year term.
This sequence ensures a seamless transition of power and compliance with constitutional mandates while allowing flexibility in the government formation timeline.