It is just 3 hours or so after the results are declared in Maharashtra elections, except 40 or so belonging to congress, rest of 240 + MLAs want to be on the side of government. A class of its own!! Isn't it?
I don't feel necessary to look back into SR Bommai vs UOI where in it was laid down by the Apex court that a floor test, is the sole yardstick for testing a majority in case of a doubt. Courts dwell too deep into legal intricacies and lose sight of clearly visible morals.
I cannot personally accept the theory that floor test is the sole yardstick for testing majority in case of a doubt because, if for a state like Maharashtra if 15 parties having won 10 MLAs each can prove their majority on the floor of house, then a party like BJP having a mandate of 123 can be defeated. No one would accept that any party having ten members each has better mandate than party having 123 seats. Hence my simple Dharma is, floor test is not the yardstick but when there is hung situation whichever party is single largest party it has mandate of people and that alone is eligible to form government without having the necessity to prove majority by floor test. If some party wants to move no confidence motion against government as per scheme of constitution after the formation of government on any reason it is up to it to do so as per the provisions of the constitution.
When parties field candidates for polls, except in a situation where there is prepoll alliance and parties release common manifesto, in all other situations (including as it is now in the case of shivsena and bjp in Maharashtra) it is abundantly clear that they are CONTESTANTS. And by that very word all the parties other than Single largest parties are mandated by people to sit in opposition benches. There is no morality in cheating the voter who would not have voted for BJP or Shivsena if they were together in elections. Such mandate that ordinary voter gives wishing that BJP and Shivsena cannot be together and for that very reason, cannot be defeated by the unholy logic of alliances and proving majority on the floor test.