While the ruling coalition of the Eknath Shinde-led Shiv Sena and the Bharatiya Janata Party (BJP) on Thursday hailed the Supreme Court ruling on Maharashtra’s political crisis as a “victory” for democracy, the rival Uddhav Thackeray camp slammed the government as unconstitutional and immoral.
Chief Minister Eknath Shinde on Thursday said that the then titular head of the richest state acted as per the situation at the time. “I won’t talk about what Supreme Court said about the then Maharashtra Governor Bhagat Singh Koshiyari, but I would say that he acted as per the situation at the time,” Maharashtra CM Shinde said in a press briefing here.
Sitting along with Deputy Chief Minister Devendra Fadnavis, Shinde added, “What if the floor test had happened and their (MVA) government had failed it?”
Asserting that the Supreme Court verdict over the Maharashtra political crisis is the “victory” of democracy and the democratic process, Deputy CM Fadnavis said that he is satisfied with the order.
“This is a victory for democracy and the democratic process. We are satisfied with the verdict given by the Supreme Court,” Fadnavis said addressing a joint press conference with Maharashtra Chief Minister Eknath Shinde here in Mumbai.
The Deputy Chief Minister further said that after the verdict of the SC, Maha Vikas Aghadi’s (MVA) “conspiracy” has been defeated.
“The present government is completely legal,” he added.
Maharashtra Legislative Assembly Speaker Rahul Narvekar welcomed the Supreme Court verdict and said it is a “meritorious” judgement and is not about the political situation in the state.
“I do not think the court gave order on the political situation, it’s a meritorious judgment. It was a fair judgment. So, I welcome the judgment delivered by Supreme Court,” Narvekar told ANI.
However, after the verdict, Uddhav Thackeray asked Shinde to tender his resignation from the post on ‘moral grounds’.
“People who left my party have no right to ask me questions. If this CM has any morality, he must resign as I did. They betrayed my party and the legacy of my father. I may have done wrong by resigning but I did it on moral grounds,” Uddhav said while talking to the reporters here.
Advocate Abhishek Manu Singhvi, who argued for Uddhav Thackeray’s side in Supreme Court in Maharashtra political crisis case on Thursday questioned the moral and legal right of the Eknath Shinde-led Maharashtra Govt to continue when there are findings against the Governor, Speaker and the recognition of the whip.
While talking to mediapersons, Singhvi said, “The Speaker should disqualify the MLAs. Only by doing this justice will be served.”
He added, “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?”
Hours after the Supreme Court verdict on last year’s political crisis in Maharashtra, Shiv Sena Uddhav Balasaheb Thackeray (UBT) leader Sanjay Raut said that the Eknath Shinde government in Maharashtra “is illegal and formed against the Constitution”.
“Supreme Court has said that the Shiv Sena Shinde group’s Whip is illegal…The current government is illegal and formed against the Constitution,” he said on Thursday.
“We are happy with the decision of the Supreme Court, democracy and the judicial system is still alive in the country…This government needs to resign immediately. The current government is illegal, if Uddhav Thackeray had not resigned as a matter of morality he would have become the Chief Minister. It means the new government formed is illegal and against the constitution…It cannot belong to any faction, Supreme Court has said,” he added.
Former Maharashtra minister Aaditya Thackeray said the Shinde-led government is “unconstitutional”.
“Unconstitutional. Illegal. Immoral. That is the only way to look at mindhe- bjp gaddar sarkar, especially after today’s verdict,” tweeted Aaditya Thackeray.
In a big relief for Chief Minister Eknath Shinde, the Supreme Court on Thursday refused to interfere with the formation of the Shiv Sena government with the support of the BJP, as Uddhav Thackeray resigned without facing a floor test.
The Supreme Court on Thursday held that former Maharashtra Governor Bhagat Singh Koshyari was “not justified” to call for a floor test based on the request of Eknath Shinde faction 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.
A five-judge Constitution bench of Chief Justice of India DY Chandrachud and Justices MR Shah, Justice Krishna Murari, Justice Hima Kohli and PS Narasimha said it could not disqualify the Eknath Shinde-led Maharashtra government and reinstate Uddhav Thackeray as Chief Minster because the latter had chosen to resign instead of facing a test of strength in the Assembly.
The court said the political imbroglio in Maharashtra arose as a result of party differences within the Shiv Sena.
“However, the floor test cannot be used as a medium to resolve internal party disputes or intra-party disputes. Dissent and disagreement within a political party must be resolved in accordance with the remedies prescribed under the party constitution, or through any other methods that the party chooses to opt for,” the bench held.
“There is a marked difference between a party not supporting a government, and individuals within a party expressing their discontent with their party leadership and functioning.”
It further said that the Governor is the “titular head of the State government” and he is a constitutional functionary who derives his authority from the Constitution.
“This being the case, the Governor must be cognisant of the constitutional bounds of the power vested in him. He cannot exercise a power that is not conferred on him by the Constitution or a law made under it,” the top court said.
The apex court’s judgement came on a batch of petitions filed by rival groups of the Shiv Sena in relation to the Maharashtra political crisis.
The apex court further said that the Speaker must decide on disqualification petitions within a reasonable time.
Anil Parab, Shiv Sena (UBT) leader said, “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.”
Rahul Ramesh Shewale, leader of Shiv Sena (Shinde faction) called the SC’s rule over the issue a “big relief” for the party.
“This is a big relief to the Shinde government in Maharashtra. Now the State will get a stable government. We welcome Supreme Court’s decision,” Rahul Ramesh Shewale said.
However, Nationalist Congress Party leader Dilip Walse Patil said that the verdict presents a critical stance on the fabric of Maharashtra’s politics as a whole.
“The verdict given by the Constitution Bench of the Supreme Court regarding the political transition in Maharashtra, which took place about 11 months ago, presents a critical stance on the fabric of Maharashtra’s politics as a whole.”
In August last year, the top court’s three-judge bench had referred to a five-judge Constitution bench the issues involved in the petition filed by rival groups of Shiv Sena in relation to the Maharashtra political crisis.
On June 29, 2022, the top court gave a go-ahead to the floor test in the Maharashtra Assembly on June 30. It had refused to stay the Maharashtra Governor’s direction to the then Chief Minister Uddhav Thackeray to prove his majority support on the floor of the House on June 30.
After the apex court’s order, Uddhav Thackeray announced his resignation as the Chief Minister and Eknath Shinde was later sworn in as the Chief Minister.
