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The Supreme Court may give its verdict on Thursday regarding the political upheaval of Shiv Sena in Maharashtra and the change of power. Decision is to be taken on various petitions of Uddhav Thackeray faction of Shiv Sena and Chief Minister Eknath Shinde faction. The constitutional bench of the court was hearing the matter. This constitutional bench includes Chief Justice DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha.
Judgment was reserved on March 16
In this case, the bench started hearing on various petitions from 17 February. On March 16, after the arguments of all the parties were completed, the court had reserved the verdict. Senior advocates Neeraj Kishan Kaul, Harish Salve, Mahesh Jethmalani and Abhikalp Pratap Singh appeared for the group led by Chief Minister Eknath Shinde in the case. Solicitor General Tushar Mehta represented the Governor’s office in the matter.
On the other hand, senior advocates Kapil Sibal, Abhishek Manu Singhvi, Devdutt Kamat and advocate Amit Anand Tiwari presented arguments on behalf of the Uddhav group.
During the hearing, the court said that the governor should not get involved in any such matter which causes the fall of the government. The court had termed Maharashtra’s political crisis as a serious issue for democracy.
Uddhav faction demanded cancellation of Governor’s order
The Uddhav faction had demanded that the governor’s order to conduct the floor test be quashed. The Governor’s decision of June 2022 is dangerous for democracy and it is fatal for the democratic system of the country. During this, the court had said that the governor cannot allow his office to be used for any particular result. Senior advocate Kapil Sibal, appearing for the Uddhav Thackeray camp, had said that the political party has primacy in the relationship between the legislature and the political party. Sibal argued that the Constitution does not recognize any group, whether majority or minority. Sibal further argued that the disagreement was outside the House and not inside the House.
CJI Chandrachud asked- Can the governor not listen to those who withdraw support?
CJI Chandrachud sought to know from the counsel for the Uddhav Thackeray camp whether the governor could not accept the number of members who want to withdraw support. The CJI said that there was a group which did not want to support the then government. He may face disqualification. This can affect the strength of the House. During the hearing, the court had said that merger was not an option for the Shinde camp. Because their political identity can be lost by merging with any party.
Sibal said this used to happen when there was no tenth schedule
Kapil Sibal replied that this used to happen when there was no Tenth Schedule to the Constitution. He said that the governor cannot ask for a trust vote on the basis of the demand of any group, because the demand for the trust vote is based on the alliance. He said that suddenly some members here have decided to withdraw the support.
The Uddhav faction had said that if a crisis like Maharashtra is allowed, it will have far-reaching consequences for the country. Because any government can be toppled. The Uddhav faction had also said that the Shinde faction has no argument in the matter of the Tenth Schedule.
Shinde faction did not want to stay with the government
Solicitor General Tushar Mehta, arguing on behalf of the Maharashtra Governor, told the court that the MLAs of the Shinde faction had written to the Governor that they did not want to continue with the then government. The Governor had asked Uddhav Thackeray to prove his majority in the House.
Shinde faction said – the test of strength is held in the House, not in the Raj Bhavan
The Shinde faction had argued before the Supreme Court that the floor test is not held in the Raj Bhavan but on the floor of the House. The governor did nothing wrong by ordering a floor test. Senior advocate NK Kaul, appearing for the Shinde faction, said that political parties and legislature parties are linked. The Uddhav Thackeray faction’s contention that the other factions represent a legislative party and not a political party is a fallacy. He also said that dissent is the hallmark of democracy.
Also read these news of Bhaskar on Maharashtra crisis:
In the case of claim on Shiv Sena, the Supreme Court said: If the Speaker of the Legislative Assembly had not stopped the decision on disqualification, then Shinde would not have been able to take oath
The Supreme Court had on March 1 said that Shiv Sena leader Eknath Shinde would not have been able to take oath as Maharashtra chief minister if the Speaker was not restrained from deciding the pending disqualification petitions against 39 MLAs. A five-judge constitution bench of the court is hearing the claim case against Shiv Sena. Read full news…
Shinde’s Shiv Sena, Arrow-bow mark was also found: Election Commission said- Uddhav faction appointed people without elections; it’s unconstitutional
The Election Commission has accepted the Eknath Shinde faction as the real Shiv Sena. The commission allowed the Shinde faction to use the Shiv Sena name and the bow and arrow symbol. The commission found that the present constitution of Shiv Sena is undemocratic. The Uddhav faction spoiled it by undemocratically appointing people from their circle as office bearers without holding elections. Read full news…
Not only names, property worth 191 crores at stake: Shiv Sena’s 362 offices are not decided; Shinde’s eye on Uddhav’s MP-MLA
Who will get the Shiv Sena building, whether the Shinde group will be able to gain control here after the decision of the Election Commission, how the remaining offices and properties of Shiv Sena will be divided, who will get what, these questions have to be decided only after the hearing of the Supreme Court. Shiv Sena currently has movable and immovable assets worth Rs 191.82 crore, the Shiv Sena building in Dadar is also occupied by the Uddhav faction. Read full news…
Pawar said on the Shiv Sena dispute – Election Commission was misused: Said – EC did what the government wanted; Balasaheb handed over the party to Uddhav
Nationalist Congress Party (NCP) chief Sharad Pawar’s statement has come in Shiv Sena’s name and symbol controversy. Pawar has targeted the Election Commission (EC) in his statement. He said- EC did what the government wanted. The commission has been misused. We have never seen such a decision of the Election Commission. Balasaheb Thackeray had said in his last days that after him Uddhav Thackeray would be given the responsibility of Shiv Sena. Read full news…