Although no political party got a clear majority, the public mandate was clearly in Joseph Vijay's favor.
The objections raised by constitutional scholars against the action of Tamil Nadu Governor Rajendra Arlekar not to invite TVK party chief and film actor Vijay Thalapathy to form the government are both legally and morally sound. In the recent assembly elections, TVK (Tamil Vettri Kadgam) did not get a clear majority, but the public mandate was clearly in favour of C. Joseph Vijay. TVK came into existence only last year.
Despite contesting elections for the first time, it won 104 seats, indicating that the common people wanted to get rid of the traditional political parties this time. In the 234-member assembly, any party needs the support of 118 MLAs to form the government. The Congress party (which had contested the elections in alliance with the DMK) had announced its support for Vijay on the day of the election results.
CPI and CPM were also partners in the DMK alliance. They did not make a U-turn like the Congress earlier, but finally announced their support to Vijay Thalapathy on Friday. Vijay had met Governor Arlekar at the Raj Bhavan in Chennai on Wednesday. The Governor had asked him to present proof that the majority of MLAs were in his favour before claiming to form the government. Vijay met the Governor again on Thursday with the opinion of some constitutional experts and a list of names of about 110 MLAs, but the Governor did not invite him to form the new government. Governor Arlekar's argument was that Vijay needed the support of at least eight more MLAs. If he completes the number, then he will be invited to form the government. This argument is not constitutionally valid. According to the latest situation, Vijay has come very close to the majority.
Such a stubbornness of the Governor had created a tense political and administrative situation in Tamil Nadu. According to political gossip, while the lone MLAs of small political parties have increased their 'rates' of support to take full advantage of the current situation, the two major parties that lost to Vijay - DMK (DMK) and AIADMK. MK. had also started making moves to form a joint government by keeping old grudges in mind. The combined number of MLAs of the fronts led by these two had reached 116-117 at one time. Now it is said to have reduced.
Such opportunism is sure to seem immoral to the die-hard supporters of both the fronts, but the DMK leaders thought that through this kind of maneuvering they could turn back the future rise of the TVK. Such tactics also created the possibility of infiltration into the camps of the three major parties. That is why the three parties have chosen the path of 'imprisoning' their respective MLAs in resorts and hotels.
Such a situation would not have arisen if Governor Arlekar had followed the recommendations of the Sarkaria Commission and the democratic traditions of the last three decades and invited the largest political party (i.e. Vijay's party) to form the government. His delay in keeping Vijay on the sidelines for three consecutive days has not only given rise to speculations but also hurt constitutional norms. Arlekar has been in politics for a long time. He has also been a minister in the Goa government and the Speaker of the Goa Legislative Assembly. Before being transferred to Tamil Nadu, he was the Governor of Bihar.
Given such extensive political and administrative experience, it is assumed that he is well versed in constitutional rules and regulations. But he preferred to play political tricks instead of following constitutional values. The Supreme Court has made it clear many times that the decision of majority is to be taken by the legislative houses (Lok Sabha or state assemblies), not by the governors. Therefore, Governor Arlekar should give up his dogmatism and respect the mandate of the people of Tamil Nadu. It is hoped that he will appreciate the support mobilised by Vijay and Tamil Nadu will get a new government any day now.
