Maharashtra State Policy: The rebel MLAs in Maharashtra did not declare themselves a separate faction. It is still a part of Shiv Sena. To form a separate faction, it would have to break two-thirds of the members of the legislative party (Schedule X). Unless they come to the council and announce the formation of a separate faction, there is no danger to the government and the government is safe. Yes, the prime minister can certainly recommend the dissolution of the council. Presently he is the head of the government of the MVA.
It is clear from the old rulings of the Supreme Court that at present the government cannot be considered a minority because the rebel MLAs have not declared themselves as a separate faction. At the same time, the opposition cannot form a government on its own without the rebel faction. In such a situation, how would the governor even explore the possibility of forming a government. In such a situation, he has no other choice but to accept the prime minister’s recommendation to dissolve the association.
Two Supreme Court rulings clarifying the law in this regard are in S. R. Bomai (1994) and Rameshwar Prasad (2008). But in both resolutions, there is talk of a floor-testing procedure in the House. But this situation will come when the government comes with a minority and recommends the dissolution of the council. But that has not happened yet, and the opposition has not submitted a motion of no-confidence in the House of Representatives yet.
The situation will be clear when the trust proposal is made
If the opposition makes a motion of confidence in light of the rebellion, the position of the government will become clear. But there is a danger in that. The opposition will not risk a vote of confidence until it is clear that the rebel Moroccan Liberation Army will, in fact, remain rebellious and join the opposition by forming a separate faction. But this is not the case now. The situation has not arrived yet and the situation remains volatile.