The Constitution Bench of the Supreme Court will give its verdict on the Maharashtra political dispute on Thursday. live law has been informed.
The Supreme Court, after hearing arguments from both sides, had reserved its judgment on a batch of cross-petitions filed by factions led by Uddhav Thackeray and CM Shinde relating to the political crisis in Maharashtra.
Mumbai | I have come to know that the Supreme Court will pronounce its order tomorrow on the disqualification of 16 MLAs. Everything will be clear tomorrow, I am also one of the 16 MLAs: Shiv Sena leader Sanjay Shirsat SC likely to pronounce verdict by constitution bench. pic.twitter.com/0pYQqo29wA
– ANI (@ANI) May 10, 2023
The Uddhav Thackeray-led faction has sought disqualification of Shinde camp MLAs who formed the government with the BJP in June last year, breaking the Shiv Sena.
Shiv Sena MP Shrikant Shinde, son of Maharashtra Chief Minister Eknath Shinde, on Tuesday said he was hopeful of a favorable Supreme Court verdict on the political impasse in the state.
Talking to reporters at Nagpur airport. Shinde Jr claimed that two-thirds of the (undivided) Shiv Sena MLAs are with CM Shinde.
Amidst the developments, let us take a look at the specifics of the case:
What can happen; what can be done?
Two possibilities for the decision are being debated. The first possibility is that the legislators are not disqualified. Instead, the Supreme Court refers the matter to the Speaker of the State Legislative Assembly. This will help the Shinde-Fadnavis administration to maintain the status quo.
Another possibility is that the court will disqualify 16 MLAs including Shinde. In such a situation, Shinde will have to resign immediately. As a result, the entire process of forming a new government with a new CM is in motion.
When Shinde requested a vote of confidence on the floor of the state legislative assembly in July, the ruling BJP-Shiv Sena alliance received the support of 164 MLAs out of a total of 288.
The ruling coalition soon crossed the halfway mark of 145. a BJP leader Said Indian Express Even if the MLAs are disqualified, it will be ‘smooth sailing’ for the saffron party.
Fadnavis’ comments arouse curiosity
Deputy Chief Minister Devendra Fadnavis had told party workers in Kolhapur two days ago that he would be back soon. He had said, “Mee punha yei (I will come back)”.
It was implied at the time that Fadnavis was confident of regaining power as chief minister. Although he was eventually forced to accept the post of deputy CM, his recent remarks left many wondering what this could mean.
There are also questions related to the internal turmoil in the NCP with the political turmoil fueled by rumors of Ajit Pawar vying for power.
Reacting to the NCP crisis, former Maharashtra Chief Minister Uddhav Thackeray had assured that it would not affect the Maha Vikas Aghadi (MVA), a three-party alliance that also includes the Congress.
In a brief interaction with media persons, Thackeray had said, “I don’t think it will have any impact on the MVA… Even from my side, we will not do anything that may cause a rift in the alliance.”
maharashtra political row
The Maharashtra political crisis is being heard by a five-judge constitution bench comprising Chief Justice DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.
The court had earlier deferred the order till all the parties had concluded their arguments.
The Uddhav Thackeray camp had said that the Maharashtra Governor’s illegal act is a pending sub-judicial challenge before the trust vote. Senior advocate Kapil Sibal, appearing for the Uddhav Thackeray camp, said that political parties have primacy in the relationship between the legislature and political parties.
Sibal said the Constitution does not recognize any group, be it majority or minority. Sibal also argued that the protest took place outside the House and not inside.
CJI Chandrachud had asked him if the governor could see the number of members who have said they want to withdraw their support. The CJI observed that there was a group which did not want to support the government of the day and could risk disqualification, which could have an impact on the strength of the House.
Kapil Sibal replied that this used to happen when the Tenth Schedule of the Constitution did not exist. He said that the governor cannot call a trust vote on the basis of a group as the trust vote is based on the alliance. He said that some members suddenly decided to withdraw their support. During the hearing, the Supreme Court said that merger was not an option for the Shinde camp as the merger would lead to loss of their political identity.
A Supreme Court constitution bench had said it would later determine whether to refer Maharashtra political crisis cases to a larger seven-judge bench to review the 2016 Nabam Rebia judgment on the authority of assembly Speakers to deal with disqualification petitions. to be sent or not.
Several senior lawyers, including Kapil Sibal and AM Singhvi for the Uddhav side and Harish Salve, NK Kaul and Mahesh Jethmalani for the Shinde camp, deposed and argued during the nearly nine-day hearing.