New Delhi: Chief Minister Eknath Shinde’s government will continue in Maharashtra after the Supreme Court on Thursday refused to interfere in its formation in 2022.
Shinde had broken away from Uddhav Thackeray’s parent Shiv Sena in June last year to form a ruling alliance with the Bharatiya Janata Party (BJP).
A Constitution bench comprising Chief Justice DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha said that the status quo cannot be restored as former CM Uddhav Thackeray resigned and did not face the upcoming floor test.
The apex court said that the governor was right in inviting Eknath Shinde to form the government.
The apex court, however, questioned the then Governor Bhagat Singh Koshyari’s decision to hold a floor test based on the request of Shinde’s rebels. The court said Koshyari did not have “objective material to conclude that the then CM Uddhav Thackeray had lost the confidence of the House”.
The court faulted the governor for relying on a proposal by a section of Shiv Sena legislators (Shinde) to conclude that Thackeray had lost majority support.
“There is nothing to indicate in any communication relied upon by the Governor that the dissident MLAs want to withdraw support,” the bench said. Said,
The top court also said that neither the Constitution nor the law has empowered the Governor to enter the political arena and play a role in intra-party or intra-party disputes.
Shiv Sena vs Shiv Sena Case
Former chief minister Uddhav Thackeray had sought disqualification of 16 legislators of the Shinde faction, including Shinde himself, who rebelled against his leadership early last year.
The rebellion ignited a political crisis in Maharashtra and Thackeray eventually forged an alliance with the Congress and Sharad Pawar’s Nationalist Congress Party after the 2019 Maharashtra Assembly elections.
Shinde was a minister in this Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray – and also one in the previous Shiv Sena-BJP alliance.
After the rebellion of the initial 16, the Shinde faction eventually swelled to 40 MLAs. This part was carried forward by the BJP and Shinde became the Chief Minister after winning the floor test.
Uddhav Thackeray went to the Supreme Court with many complaints. He challenged the Maharashtra governor’s decision to call for a trust vote, which brought Shinde and the BJP to power. He also challenged the swearing-in of Shinde as Chief Minister and the election of the new Speaker.
The Thackeray faction argued that the Governor could not call a trust vote on the basis of preferences of the rival camp in a party – it had to be done on the basis of a coalition.
The lawyers said that if a political crisis like Maharashtra was allowed to happen, it would have far-reaching consequences for the country as any government could be toppled.
The Shinde faction argued that the head count took place on the floor of the House and the governor had no option but to call a floor test as support from the ministry had been withdrawn. Shinde’s council also said that dissent was the hallmark of democracy and laid claim to the original Shiv Sena.
during the hearing Earlier this year, the apex court had said that a governor should not enter into any field that leads to the downfall of the government. It described the political crisis in Maharashtra as a serious issue for democracy.
This February, however, the Election Commission granted the Shinde faction the Sena name and the party’s original “bow and arrow” symbol.
Read also: CM Shinde, 15 other MLAs may be disqualified by SC today on Maharashtra’s political crisis