Hearings have been going on in the Supreme Court regarding the Eknath Shinde vs Uddhav Thackeray dispute.
During the hearing, advocate Harish Salve, appearing on behalf of Shinde Camp, said that knocking on the door of the apex court can’t solve all the issues. The court can’t direct the Chief Minister to come back after his resignation.
In this situation, the governor should be called for the trust vote, and there is nothing wrong in it. Therefore, allow the democracy to run on the floor of the house.
A similar case erupted in the SR Bommai case. The governor did nothing wrong by calling for a floor test.
Harish Salve went on to say that what would have happened if a vote of confidence had actually been held? This court has never determined that a person is lawfully ineligible to serve in the House while a challenge to their exclusion is pending.
But this does not imply that the legal framework and system are helpless. The court should step in if it is shown that a sizable number of ineligible individuals had an impact on the trust vote. What did the governor do wrong? “It needs to be accepted because the chief minister has resigned.”
Advocate Neeraj Kishan Kaul, on behalf of the Shinde faction, said “The biggest legal argument in this matter is whether the Supreme Court can decide on the disqualification of the legislators for bypassing the powers of the assembly speaker as given in the constitution?”
Both the political party and the legislature party are interlinked and also independent. In fact, it is also impossible to separate the two. Democracy allows for disagreement, but to claim that the MLAs of the Shinde group solely represent the legislature party and not the Shiv Sena party is false.
It is incorrect for the Uddhav faction to ask the Election Commission to interfere with the authority of constitutional institutions like the Governor and Assembly Speaker.
