Former minister M. Naseem Khan filed a writ petition before the court questioning the constitutional validity of the nearly month-old government and terming it as "illegal".

Justice V.M. Kanade has posted the matter for hearing Friday (Nov 28), he said.

After the Oct 15 elections, Maharashtra threw up a fractured verdict in which the Bharatiya Janata Party secured 123 seats (which came to 122 after a legislator's death), the Shiv Sena got 63, the Congress 42 and the Nationalist Congress Party 41, with the remaining 18 going to independents and smaller parties.

"Fadnavis approached the Governor C. V. Rao to stake claim to form the government claiming it had the requisite majority in the 288-member assembly, and was asked to prove it (majority) within 15 days," Khan, a legislator from Mumbai, said.

However, Khan said that the vote of confidence in the assembly Nov 12 was passed by a voice vote.

"Nobody knows how many MLAs (legislators) voted in favour of the government or against it in the voice vote. Our stand is that this remains a minority government which does not enjoy the confidence of the house and must be dismissed immediately," he contended.

Later the Congress and Shiv Sena had led separate delegations to Governor Rao questioning the validity of the Nov 12 trust vote.

Khan also claimed that all the major decisions taken by this government are "illegal" and must be set aside.

Former additional solicitor-general of India B. A. Desai and former solicitor-general of India T.R. Andhyarujina will appear on behalf of Khan in the case.

Fadnavis was sworn-in as chief minister Oct 31 at the head of a 10-member ministry which is likely to be expanded shortly.

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