India
Maharashtra governor ‘erred’ but can’t reinstate MVA government as Uddhav Thackeray resigned without taking floor test: Supreme Court | India News
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NEW DELHI: The Supreme Court on Thursday said it cannot reinstate the Maha Vikas Aghadi government in Maharashtra since the then chief minister Uddhav Thackeray had resigned voluntarily without taking the floor test. However, the top court held that the then Maharashtra governor was not justified in calling upon Uddhav Thackeray to prove majority in the assembly on June 30 last year.
“We cannot quash his resignation and hence MVA cannot be put back in the seat of government,” the SC said in a significant verdict on the political crisis in the state last year triggered by rebellion by several Shiv Sena MLAs led by Eknath Shinde.
The top court refused to disqualify the 16 rebel Shiv Sena MLAs, including chief minister Eknath Shinde, and directed the Maharashtra speaker to decide on their petitions within a reasonable frame of time.
In a unanimous verdict, the five-judge SC bench led by CJI D Y Chandrachud, pulled up the then Maharashtra governor and the then speaker for their actions.
“The governor had no objective material to come to a conclusion that the MVA government had lost majority in the House and his decision was illegal. The resolution relied on by the governor did not indicate that MLAs wanted to withdraw support,” the bench said.
“Floor test cannot be used to resolve internal party disputes,” the court said.
The top court also held that the speaker’s decision to appoint Gogawale (backed by Shinde group) as the whip of the Shiv Sena party was illegal.
But the then governor’s decision to invite Eknath Shinde to form the government was upheld by the apex court. “The governor was justified in inviting Shinde to form the government at the behest of the BJP which was the largest political party in the house,” the court said.
Meanwhile, the top court decided to refer to a larger bench the 2016 Nabam Rebia case which held that speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending.
Soon after the Supreme Court’s verdict with its scathing observations, the Shiv Sena (UBT) said that chief minister Eknath Shinde has lost the moral authority to continue and must immediately quit.
“We cannot quash his resignation and hence MVA cannot be put back in the seat of government,” the SC said in a significant verdict on the political crisis in the state last year triggered by rebellion by several Shiv Sena MLAs led by Eknath Shinde.
The top court refused to disqualify the 16 rebel Shiv Sena MLAs, including chief minister Eknath Shinde, and directed the Maharashtra speaker to decide on their petitions within a reasonable frame of time.
In a unanimous verdict, the five-judge SC bench led by CJI D Y Chandrachud, pulled up the then Maharashtra governor and the then speaker for their actions.
“The governor had no objective material to come to a conclusion that the MVA government had lost majority in the House and his decision was illegal. The resolution relied on by the governor did not indicate that MLAs wanted to withdraw support,” the bench said.
“Floor test cannot be used to resolve internal party disputes,” the court said.
The top court also held that the speaker’s decision to appoint Gogawale (backed by Shinde group) as the whip of the Shiv Sena party was illegal.
But the then governor’s decision to invite Eknath Shinde to form the government was upheld by the apex court. “The governor was justified in inviting Shinde to form the government at the behest of the BJP which was the largest political party in the house,” the court said.
Meanwhile, the top court decided to refer to a larger bench the 2016 Nabam Rebia case which held that speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending.
Soon after the Supreme Court’s verdict with its scathing observations, the Shiv Sena (UBT) said that chief minister Eknath Shinde has lost the moral authority to continue and must immediately quit.
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