Former Attorney General Mukul Rohatgi said the Governor of Tamil Nadu should immediately invite TVK leader Vijay to form the state government.

The dispute centers on how a majority is proven in a hung assembly. If the Governor refuses to invite the single-largest party without pre-certified support, it could lead to a constitutional crisis or legal challenges regarding the discretionary powers of the governor's office.

Rohatgi said the Governor must call Vijay because his party is the single-largest entity in the assembly. He said the test for a majority should be conducted on the floor of the House rather than through a pre-certified count of signatures before the invitation is extended.

Currently, TVK leader Vijay commands 107 MLAs in the Tamil Nadu assembly [1]. However, reports indicate the Governor is insisting on a pre-certified count of 118 MLAs [2] before inviting any leader to form the government.

This requirement for 118 signatures contradicts the constitutional convention that favors a floor test to establish a majority. The disagreement has led to repeated meetings between Vijay and the Governor at the Raj Bhavan, including a scheduled meeting at 11 a.m. today [3].

Legal experts have weighed in on the necessity of the Governor's action. Abhishek Manu Singhvi said, "The Governor has no alternative but to call Vijay who leads the single-largest party in the state to form the government" [4].

The standoff continues as the TVK maintains that the single-largest party should be given the first opportunity to prove its strength in the Legislative Assembly, a process that would move the decision from the Governor's office to the elected representatives.

“The Governor has no alternative but to call Vijay who leads the single-largest party in the state to form the government.”

The conflict highlights a recurring tension in Indian politics between a Governor's discretionary power and the democratic convention of the 'floor test.' By demanding 118 certified MLAs upfront, the Governor is effectively raising the barrier for government formation beyond the simple plurality of the single-largest party, potentially delaying the transition of power.