Legal experts say that Governor Rameshwar Thakur cannot take a decision in the present scenario, as the Centre has imposed President's rule in the state.
The governor does not have the power to invite any party to form the government as President's rule is a subject matter of the Union Cabinet and subsequently the President of India. Experts say that the governor may seek the intervention of the Supreme Court to resolve this matter.
It is a peculiar situation where all political parties had initially expressed their inability to form the government and three weeks later, two of them staked a claim to form the government.
Experts point out that if at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, she may refer the question to the Supreme Court for consideration.
According to sources, the Centre is of the view that the matter should be referred to the Supreme Court. The Centre also considers it necessary to have certain guidelines on this issue, as the Congress-led government does not want to appear biased.
Though everyone is waiting for the Governor's decision, Thakur's role at present is very limited. All he can do is report the existing situation to the Union government, which in turn will convene a cabinet meeting and refer the matter to the President.
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