Maharashtra political crisis: Shinde govt to stay as SC says can’t give relief to Uddhav Thackeray

Mangalore Today News Network

Mumbai, May 11, 2023: A five-judge bench of the Supreme Court on Thursday pronounced its order on the June 2022 political crisis in Maharashtra. In a big relief to the Eknath Shinde government, the Supreme Court said it cannot order the restoration of Uddhav Thackeray’s government as he resigned without facing a floor test.

 

"Relief could have been provided if he had not resigned and faced the floor test. Governor should not have called for the trust vote but because Uddhav Thackeray resigned, Governor was justified in calling Eknath Shinde in forming the government," the court pronounced. The court was referring to former Maharashtra governor Bhagat Singh Koshyari.

MAHARASHTRA POLITICAL CRISIS 2022

After the 2019 Maharashtra assembly polls, the Uddhav Thackeray-led Shiv Sena snapped ties with the Bharatiya Janata Party (BJP) over the issue of sharing the chief ministerial post. Thackeray later tied up with the Sharad Pawar-led Nationalist Congress Party (NCP) and the Congress to form the Maha Vikas Aghadi (MVA) government in the state.

The MVA government collapsed last year when after a revolt against the Sena leadership by Eknath Shinde and 39 other legislators. On June 30, Eknath Shinde became the Maharashtra chief minister with BJP leader Devendra Fadnavis as his deputy.

The Constitution bench of Chief Justice DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha was dealing with the issue related to 2022 Maharashtra political crisis. On March 17, the Supreme Court reserved its verdict on a batch of petitions filed in connection with the 2022 Maharashtra political crisis.

While pronouncing the verdict, the CJI-led bench referred the Nebam Rabia judgment, which puts restriction on Speaker’s power to decide disqualification if disqualification is pending, to a seven-judge bench.

WHAT SC SAID ON FLOOR TEST

The Supeme Court said floor test cannot be used as a medium to resolve issues of inter-party or intra-party dispute.

"Governor is not entitled to enter the political arena and play a role in intra-party to inter-party dispute. He cannot act on the basis that some members want to leave the Shiv Sena," the court said.

"Governor ought not to have relied on the letter...the letter did not indicate that Uddhav Thackeray lost support," SC said.

"Nothing in any of the communications relied on by the governor indicated that the dissatisfied MLAs wanted to withdraw support to the government," it said.

WHAT SC SAID ON WHIP

The top court said that the speaker’s decision to appoint Bharat Gogawale, backed by Eknath Shinde group, as the whip of the Shiv Sena party was illegal.

"Whip appointed by the political party should be recognised," Supreme Court said.

The top court said the Election Commission (EC) can decide under the symbols order despite the pendency of proceedings before Speaker. The EC had earlier awarded the official Sena symbol to the Shinde-led faction.
Chief Justice of India DY Chandrachud said that issues such as whether a notice to the removal of the Speaker will restrict the powers of the Speaker to issue disqualification notices need examination by a larger bench.

In conclusion, the court said status quo ante cannot be ordered by restoring MVA govt as then CM Uddhav Thackeray did not face floor test.

While Kapil Sibal and Abhishek Manu Singhvi appeared for the Uddhav camp, Harish Salve, NK Kaul, and Mahesh Jethmalani appaeared for the Shinde camp.

On the last day of the hearing, the Supreme Court expressed its concern regarding the reinstatement of the Uddhav Thackeray government when the chief minister had put in his papers even before facing the floor test.

The CJI and Justice Shah said, "But, you resigned without facing a floor test. How can you put it back?"

Ahead of the judgement, Shiv Sena leader Sanjay Raut said, "The judgment by the Supreme Court will be very important for the state of Maharashtra and the country. We are not predicting what Supreme Court will say tomorrow but for democracy tomorrow is important. We will also get to see if there is pressure on the judiciary or not."

Courtesy: India Today