MUMBAI: The Shiv Sena, Congress and NCP have approached the Supreme Court after the BJP formed the government overnight. The Shiv Sena, the NCP and the Congress, in their Supreme Court plea, said that Governor Koshyari's decision to install "a minority BJP government led by Devendra Fadnavis" was "arbitrary and mala fide". 

The parties are demanding that the governor's actions in the morning should be declared illegal and Sena-NCP and Congress should be invited to form the government in Maharashtra.  

The Congress in Maharashtra has flown its MLAs to a resort in Bhopal while sources said that Shiv Sena MLAs have been moved to Jaipur. The decision was taken after a faction of NCP led by Ajit Pawar forged an alliance with the BJP in Maharashtra. 

In an overnight twist, BJP leader Devendra Fadnavis took oath as Maharashtra Chief Minister for the second consecutive term, along with the support of Nationalist Congress Party's (NCP) Ajit Pawar. 

The two leaders were sworn in by Maharashtra Governor Bhagat Singh Koshyari at a function in the Raj Bhavan just before 8 am in the presence of a few BJP and NCP leaders, and other government officials.

Soon afterwards, Fadnavis said that the Governor would give them a letter instructing when to prove the new government's majority on the floor of the Assembly. He also added that the cabinet would be expanded at a later date.

Ajit Pawar's decision to support BJP came at a time when the NCP, Congress and Shiv Sena had almost finalised a deal to form the government in Maharashtra. 

Union Minister Ravi Shankar Prasad speaking on the government formation in Maharashtra said, "The governor has taken the call and we will prove our majority on the floor".