NCP leader P A Sangma moved the Supreme Court challenging the Meghalaya Governor's decision to invite Congress to form the government in the state.
Mentioning Sangma's petition before a bench headed by Chief Justice K G Balakrishnan, senior advocate Soli Sorabjee claimed that though the NCP-led Meghalaya Progressive Alliance (MPA) had the support of 31 of the 60-member House, the Governor has invited the party with a lesser number of MLAs to form the government.
The court posted the matter for Wednesday.
The Congress, with 25 MLAs, emerged as the single largest party and was invited by Governor S S Sidhu to form the government.
The MPA paraded 30 MLAs twice before the Governor and also staked its claim.
In Shillong, Sangma, who resigned from the Lok Sabha yesterday, told reporters after the swearing-in of 59 newly-elected MLAs of the eighth Meghalaya Assembly that "We have filed the petition against the governor's decision".
On Monday, senior Congress leader D D Lapang was sworn in as Meghalaya Chief Minister by the Governor, who rejected the MPA demand saying the decision was aimed at preventing horse-trading.
Defending his decision to call Congress, Sidhu, a former bureaucrat, said, "The MPA is not a pre-poll alliance and under such situation the single largest party should be called to form the government according to convention." Sangma termed the decision of the Governor as 'undemocratic' and 'unconstitutional'.