New Delhi: Former Maharashtra Governor Bhagat Singh Koshyari has defended his decision to call a floor test after the Supreme Court’s ruling that it was not proper to ask Uddhav Thackeray to face a floor test in the Assembly. Koshyari defended his decision saying that he had no choice as Uddhav Thackeray chose to govern rather than face the floor test.
“When somebody’s resignation came to me, what would I say, don’t resign,” Koshyari told reporters. When asked about the apex court’s decision that the governor has no power to enter the political arena, he quickly told reporters that it was not his job to see whether the Supreme Court’s decision was right or wrong. He said, “Now that the Supreme Court has said. So, it is your job to see whether the apex court’s decision is right or wrong. It is an analyst’s job, not mine.”
CM Shinde came in support of Koshyari
Meanwhile, Maharashtra Chief Minister Eknath Shinde also supported the former governor of the state. Shinde said at a press briefing in Mumbai, “I will not talk about what the Supreme Court said about Bhagat Singh Koshyari, the then Governor of Maharashtra, but I will say that he acted according to the situation at that time. ”
Subsequently, a constitution bench headed by Chief Justice of India (CJI) DY Chandrachud said in its judgment, “The governor cannot exercise the power given to him. The governor is entitled to enter the political arena and play an internal role.” No- party for intra-party disputes.He cannot act on the basis that some members want to leave Shiv Sena.
Maharashtra Governor erred in calling floor test: SC
A bench comprising Chief Justice of India DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha also said that calling former Maharashtra Governor Bhagat Singh Koshyari for a floor test based on Eknath’s request was “appropriate”. was not. Shinde faction because they did not have enough objective material to conclude that the then Chief Minister Uddhav Thackeray had lost the confidence of the House.
The bench further said that it cannot disqualify the Eknath Shinde-led Maharashtra government and reinstate Uddhav Thackeray as chief minister as the latter chose to resign rather than face the floor test in the Assembly.
“The Governor was not justified in summoning Thackeray to prove his majority on the floor of the House as he did not have reasons, based on objective material, to conclude that Thackeray had lost the confidence of the House. However, the status quo ante cannot be reinstated as Thackeray did not stand the floor test and tendered his resignation. It was appropriate for the Governor to invite Shinde to form the government.
The bench said that the governor had no objective material on the basis of which he could doubt the confidence of the present government, adding that he should use his mind to assess whether the government had lost confidence Yes or No. Home.
“The resolution on which the Governor relied, there was no indication that the MLAs wanted to walk out of the MVA government. A communication expressing dissent on the part of some MLAs is not sufficient for the Governor to call for a floor test. Governor Who should.” The judgment called for the government to apply its mind to the communication (or any other material) placed before it in order to assess whether it thinks it has lost the confidence of the House.
Floor test not a medium to resolve internal disputes of the party: DC
It further said that party differences within the Shiv Sena resulted in the political crisis in Maharashtra. “However, the floor test cannot be used as a means of resolving internal party disputes or intra-party disputes. Dissent and dissension within a political party may be resolved through measures prescribed under the party constitution or in any other manner.” be resolved accordingly. The party chooses to choose,” the bench said.
It added, “Parties and people within the party who do not support the government express their dissatisfaction with the leadership and functioning of their party.” It further stated that the Governor is the “head of the State Government” and he is a constitutional functionary who derives his authority from the Constitution. The apex court said, “That being the case, the Governor must be cognizant of the constitutional limits of the power vested in him. He cannot exercise a power which is not conferred on him by the Constitution or by law made thereunder.” ”
The apex court said that there was no communication with the Governor to indicate that the dissident MLAs wanted to withdraw support from the government. The Governor relied on a proposal by a group of Shiv Sena MLAs to conclude that Uddhav Thackeray had lost the support of the majority of MLAs.
“The exercise of discretion by the Governor in this matter was not in accordance with law,” the bench said. The apex court’s decision came on a batch of petitions filed by rival groups of the Shiv Sena in connection with the Maharashtra political crisis.
Appointment of Chief Whip by the Speaker is illegal: Supreme Court
The apex court said that the whip has to be appointed by a political party. The top court said that the Speaker’s decision to appoint Bharat Gogawale (Eknath Shinde) as a whip of the Shiv Sena party was illegal.
“It is the political party and not the legislature that appoints the whip and the leader of the party in the House. Further, the direction to vote in a particular manner or to abstain from voting is issued by the political party and not by the legislature.” The decision of the Speaker communicated by the Deputy Secretary of the Maharashtra Legislative Assembly on July 3, 2022 is contrary to the law.
The Speaker shall, after making an inquiry in this regard and having regard to the principles discussed in this decision, recognize a leader duly authorized by the Shiv Sena political party as a whip and in terms of the provisions of the party constitution. ,
The apex court further said that the Speaker should decide the disqualification petitions within a reasonable time. It also said that the MLA has the right to participate in the proceedings of the House regardless of the pendency of any petition for his disqualification. It states, “the validity of the proceedings of the House in the interim is not subject to the result of the disqualification petitions”.
Shiv Sena split
In August last year, a three-judge bench of the apex court had referred to a five-judge constitution bench the issues involved in a petition filed by rival groups of the Shiv Sena in connection with the Maharashtra political crisis. On June 29, 2022, the apex court gave the go-ahead for the floor test in the Maharashtra Legislative Assembly on June 30. It refused to stay the Maharashtra governor’s direction to the then Chief Minister Uddhav Thackeray to prove his majority on the floor. of the House on 30 June.
Following the apex court order, Uddhav Thackeray announced his resignation as the chief minister and later Eknath Shinde took oath as the chief minister.