New Delhi: The Supreme Court on Thursday said that the then Maharashtra Governor Bhagat Singh Koshyari relied on a proposal by a group of Shiv Sena legislators to conclude that Uddhav Thackeray had lost the support of a majority of his party’s legislators. The top court also said that “the exercise of discretion by the Governor of Maharashtra was not in accordance with the Constitution of India”.
The Supreme Court said there were ‘no communications’ relied upon by the Governor, indicating that the dissident MLA wanted to withdraw support from the Uddhav Thackeray government.
A five-judge Constitution bench of the Supreme Court also concluded that the governor had no objective material to ‘call for a floor test’ in the Maharashtra Legislative Assembly, adding that it should not be used to resolve intra- or intra-party disputes. Cannot be used as a medium to do. ,
Uddhav cannot restore the government: SC
The bench rejected the request to restore the Uddhav Thackeray government as its leader, who chose to resign rather than face the floor test in the assembly. The CJI-led bench also said it “could not disqualify Eknath Shinde and 15 other MLAs” for rebelling against the then Chief Minister Uddhav Thackeray in June last year.
Eknath Shinde Govt To Continue
The Supreme Court’s decision implies that the Eknath Shinde-BJP government will continue in the state as Uddhav Thackeray resigned without facing a floor test. “The status quo ante cannot be restored as Thackeray did not face the floor test and tendered his resignation. Therefore, it was proper for the Governor to swear in Shinde with the support of the single largest party BJP,” the apex court said.
The Supreme Court made these comments while replying to a batch of petitions filed by rival Shiv Sena factions in connection with the Maharashtra political crisis. The bench headed by CJI DY Chandrachud also included Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.
What is the matter?
The Supreme Court had asked a larger constitution bench to decide whether Eknath Shinde and 15 other Shiv Sena MLAs could be disqualified for rebelling against then CM Uddhav Thackeray in June last year. Uddhav Thackeray had requested the Supreme Court to allow a split in the Shiv Sena by Shinde, supported by the opposition BJP, and the subsequent formation of a new government in Maharashtra with the support of a majority of MLAs.
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.
The bench had then said that a larger constitution bench may be required to consider some of the issues involved in the political crisis in Maharashtra. Various petitions filed by both the factions of Shiv Sena are pending before the apex court. On June 29, 2022, the apex court gave the go-ahead for the floor test in the Maharashtra Legislative Assembly on June 30.
It had on June 30 refused to put a hold on the Maharashtra Governor’s direction to the then Chief Minister Uddhav Thackeray to prove his majority support on the floor of the House. Following the apex court order, Uddhav Thackeray announced his resignation as the chief minister and Eknath Shinde was there. Later took oath as Chief Minister.
Dropped in Shiv Sena
Amid the power struggle between the Shinde and Uddhav factions, the Election Commission had allotted the Shiv Sena party name and its bow and arrow symbol to the group led by Eknath Shinde. Thackeray’s smaller faction was named Shiv Sena Uddhav Balasaheb Thackeray (UBT) and symbolized a flaming torch.
Senior advocates Kapil Sibal and Abhishek Manu Singhvi argued for Uddhav Thackeray’s team in the court, while Harish Salve, Neeraj Kaul and Mahesh Jethmalani represented Eknath Shinde’s camp.