The Supreme Court Thursday held the Maharashtra governor was not justified in calling upon then chief minister Uddhav Thackeray to prove majority in the Assembly on June 30 last year but refused to order status quo ante, saying he did not face the floor test and resigned.
It, however, said since Thackeray had resigned without facing the floor test, the governor was justified in inviting Shinde to form government at the behest of the BJP which was the largest political party in the House.
In a unanimous verdict on a batch of pleas related to the political crisis that led to the fall of the Maha Vikas Aghadi (MVA) government led by Thackeray following a revolt by the Eknath Shinde faction, a five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud held that House speaker’s decision to appoint Bharat Gogawale of the Shinde faction as the whip of Shiv Sena was “illegal”.
“The governor was not justified in calling upon Thackeray to prove his majority on the floor of the House because he did not have reasons based on objective material before him to reach the conclusion that Thackeray had lost the confidence of the House,” said the bench which also comprised Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.
“However, the status quo ante can’t be restored because Thackeray did not face the floor test and tendered his resignation. The governor was, therefore, justified in inviting Shinde to form the government at the behest of the BJP which was the largest political party in the house,” it said.
The top court also referred the 2016 Nabam Rebia verdict by a five-judge constitution bench, which relates to the power of speaker on disqualification of MLAs, to a larger bench of seven judges.
This is a victory for democracy and the democratic process. We are satisfied with the verdict given by the Supreme Court: Maharashtra Deputy CM & BJP leader Devendra Fadnavis, in Mumbai said while addressing a press conference.
Supreme Court’s judgement is in favour of Uddhav Thackeray. It is on record that there was a violation of Whip and soon they (Shinde faction MLAs) will be disqualified, Shiv Sena (UBT) Anil Parab, in Delhi told ANI
What moral and legal right does this government has to continue for even a minute more when there are findings against the Governor, Speaker and the recognition of the Whip?, Abhishek Manu Singhvi, who argued for Uddhav Thackeray side told ANI.
