Congress is now mulling on the legal action against the Devendra Fadnavis government whom it has accused of winning the trust vote in Legislative Assembly last week by "circumventing" the rules.
The party is taking views of constitutional experts in this regard. "Two PILs have already been filed in the individual capacity against the government. However, Congress is now seriously considering moving court against the government for not adhering to constitutional norms of seeking the trust vote through division of votes," party spokesman Anant Gadgil said.
He said Congress also has the option to approach and apprise President Pranab Mukherjee on how constitutional procedures were "trampled upon" by the BJP government.
"MPCC chief Manikrao Thakre is in Delhi and will consult the party leadership on this issue (of approaching court). A definite decision will be taken in three to four days," he added.
Gadgil said judiciary could intervene in the matter as the vote of confidence sought by the government was a constitutional provision under the directives of the Governor.
"Since it (constitutional procedure) was not followed, judiciary could intervene in the matter. BJP has 122 MLAs and is short of majority in the Legislative Assembly. NCP and Shiv Sena have not given letter of support to the government," he said referring to the position of parties in the House on the day of trust vote on November 12.
To a question on a speculation that MLAs from non-BJP parties may quit to get themselves re-elected on BJP ticket, apparently to give the saffron party the necessary muscle on floor of the House, Gadgil said, "It is a figment of one's imagination that BJP will be able to repeat Karnataka's 'Operation Lotus', where BJP engineered defection among MLAs from opposition parties, in Maharashtra."
Gadgil said that voters will not tolerate if MLAs defect to BJP and seek re-election.
"Politics in Maharashtra and Karnataka is different. Not even six months have passed since the Assembly elections were held (in Maharashtra). Will voters tolerate if MLAs defect and seek fresh election," he asked.
Asserting that Congress has never deviated from its core ideology, the spokesman said, "Even in the defeat, there will be no compromise on our ideology."
The fledgling Devendra Fadnavis government won the controversial trust vote after newly-appointed Speaker Haribhau Bagde ordered a voice vote though Shiv Sena and Congress sought the division of votes.
Sena and Congress, who have alleged "foul play" in the conduct of the procedure, had separately requested Governor Ch Vidyasagar Rao to order fresh trust vote.