New Delhi/Mumbai: Politics heats up in Maharashtra after Supreme Court in its ruling over Shiv Sena rebellion pronounced Thursday made some scathing observation about the conduct of Governor though declined to reinstate the Uddhav Thackeray-led MVA government.
The Supreme Court held that the decision of former Maharashtra Governor Bhagat Singh Koshyari to call for a floor test based on the request of 34 MLAs of the Eknath Shinde Shiv Sena faction was incorrect since he did not have enough objective material before him to conclude that the then Chief Minister Uddhav Thackeray had lost the confidence of the house.
The court at the same time held that the status quo cannot be restored now since Uddhav Thackeray voluntarily resigned and chose not to face a floor test.
The Supreme Court said that since Uddhav chose to resign, it cannot interfere with the Governor's decision to invite Eknath Shinde to form government.
A five-judge bench headed by Chief Justice D.Y. Chandrachud said the court made it clear that had Thackeray refrained from resigning, it could have reinstated him, but the court can't quash a resignation.
The bench noted that Devendra Fadanvis and independent MLAs also didn't move a no confidence motion and the Governor's exercise of discretion was not in accordance with the law.
The bench said neither the Constitution nor the law empowers the Governor to enter the political arena and play a role either in inter-party or intra-party disputes.
The top court pronounced its judgment on the political crisis in Maharashtra in connection with the rebellion by Shiv Sena leader Eknath Shinde and other MLAs, leading to the fall of Maha Vikas Aghadi government led by Uddhav Thackeray.
On disuqalification of 16 Sena rebels, the Supreme Court said while it cannot interfere in the proceedings, the Speaker of the Maharashtra Assembly must decide on the issue of the disqualification of the MLAs, including Shinde.
As the apex court did not intervene in the disqualification proceedings, its outcome will be subject to the decision of the Maharashtra Speaker.
Commenting on the verdict, Shiv Sena (UBT) President and former Chief Minister Uddhav Thackeray said that the Supreme Court has exposed the role of the Governor, the Election Commission of India and the current regime.
"In view of the judgement, if the present government has any morality left, then it should forthwith resign, just as I had tendered my resignation (in June 2022)," said Thackeray, in his first reaction to the much-awaited verdict.
He said that the apex court judgement has also laid bare the role of the (then) Governor Bhagat Singh Koshyari and how his office was misused, "which is what we have been saying all along".
On the ECI, he said that its not a 'divine body' and it cannot just "take away the name-symbol" of the (Shiv Sena) party founded by the late Balasaheb Thackeray.
He said that even the Shiv Sena decision on its Whip (Sunil Prabhu) was upheld and the Shinde faction's Whip (Bharat Gogawale) was upheld by the SC.
"We shall now request the Speaker (Rahul Narwekar) to take the decision on the disqualification of the 16 MLAs as soon as possible," said Thackeray.
Senior leader Anil Parab said that as per the SC verdict, the Speaker must convene a session of the legislature and pronounce his decision on the disqualification of 16 MLAs, including Shinde, and said the government will collapse soon.
Earlier, the Sena (UBT) Chief Spokesperson Sanjay Raut, MP, said that this means that considering all aspects of the verdict, the present "illegal" Shinde government of Shiv Sena-Bharatiya Janata Party (BJP) should immediately resign on moral grounds.
For all the latest News, Opinions and Views, download ummid.com App.
Select Language To Read in Urdu, Hindi, Marathi or Arabic.
