Guv was wrong in telling Uddhav to take floor test, but justified in asking Shinde to form govt; can’t provide relief now since then CM voluntarily resigned, says SC
The five-judge Constitution Bench headed by CJI DY Chandrachud (centre) delivers the verdict on the Maharashtra political crisis at the Supreme Court in New Delhi on Thursday. Pic Courtesy/Supreme Court
The state government led by the Shiv Sena faction of Eknath Shinde with the BJP’s support is here to stay. The Supreme Court, which heard petitions on Maharashtra’s power crisis over 10 months, ruled that the then governor Bhagat Singh Koshyari was not justified in calling for a floor test, as there was nothing to show that the then chief minister Uddhav Thackeray had lost the confidence of the house. But there was nothing wrong in his decision to call Shinde to form government thereafter, it noted.
Delivering the judgment on Thursday, the Supreme Court bench led by Chief Justice of India D Y Chandrachud noted that the governor did not have reasons based on objective material before him to reach the conclusion that Thackeray had lost the confidence of the House.
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Eknath Shinde and Uddhav Thackeray
It also said that the appointment of Shinde group’s whip was illegal. The court observed that a political party, not a legislative party, can appoint a whip. This is going to be a matter of contention. The bench, however, concluded that it could not restore the MVA government because Uddhav Thackeray did not face the floor test and instead tendered his resignation.
“This court cannot quash a resignation that has been submitted voluntarily. Had Mr Thackeray refrained from resigning from the post of the chief minister, this court could have considered the grant of the remedy of reinstating the government headed by him,” said the order.
The bench, also comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha, referred the petition for disqualification of 16 MLAs to the Assembly speaker, asking him to decide within a reasonable period. There are no extraordinary circumstances in the instant case that warrant the exercise of jurisdiction by the court to adjudicate disqualification petitions, it added.
CM Eknath Shinde and others celebrate outside Varsha bungalow after the SC verdict, on Thursday. Pic/Sayyed Sameer Abedi
In another conclusion, the court referred the matter of correctness of the decision in the Nabam Rebia case to a larger bench of seven judges. In this case, the five-judge constitution bench had held that the speaker of an Assembly cannot initiate the disqualification proceedings against an MLA when a resolution seeking his removal from the post is pending. In the Sena’s matter, deputy speaker Narhari Zirwal, who had initiated the disqualification proceedings in the absence of full-time speaker, was facing a notice of removal himself.
Also Read: Maharashtra: Sparring over moral grounds
Fight to continue
Shiv Sena (UBT) leader Anil Parab said the party will submit the SC’s order to Speaker Narvekar demanding the decision on disqualification. “The 16 MLAs will be disqualified and so will others (the rival group), because they have violated the party whip (of the then political party Shiv Sena). The speaker will have to decide immediately. In the Manipur case, the reasonable time (suggested by the court) was three months. The evidence of violation is on record of the Vidhan Sabha. We will approach the Supreme Court if the speaker doesn't do it,” he said.
Addressing a press conference, Shinde said the court had not interfered in the speaker’s and the Election Commission’s authority. “We’re now both a political as well as legislative party. The speaker will decide (on disqualification) on merit,” he said, when asked whether the position of his whip, Bharat Gogawale, was at risk. Gogawale replaced Sunil Prabhu much before the EC granted the Shinde faction an official status of Shiv Sena party and its symbol. The SC’s judgment that a political party, not a legislative party, can appoint a whip is going to be a matter of contention.
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