Eknath Shinde relieved as Supreme Court says can’t restore MVA as Uddhav resigned voluntarily
11 May, 2023 | Anupam Shrivastav
Supreme court refused to reinstall MVA government citing error on the part of Uddhav Thackeray while also pointing out mistakes made by the then Governor BS Koshyari.
On Thursday, the Supreme Court stated that it cannot disqualify the Eknath Shinde-led Maharashtra government and rejected the petition to restore Uddhav Thackeray as chief minister as the latter had decided to retire instead of facing a test of strength in the assembly.
Post the judgment, Uddhav Thackeray stated that those who left his party had no right to question him and asked Eknath Shinde to resign on the basis of morality.
The petitions filed by both groups of Shiv Sena are being heard by a five-member bench led by the Chief Justice of India since February this year. The bench also ruled that then Governor of Maharashtra BS Koshiyari had made an error while conducting the Floor Test and that the exercise of discretion was not in accordance with Indian Constitution.
Speaker wrong to appoint Bharat Gogawale a whip of Eknath Shinde group: SC
Furthermore, the bench said that Speaker’s choice to appoint Bharat Gogawale a whip of Eknath Shinde faction was an error. The court said that the whip is to be appointed by a political party.
When 16 MLAs left the Shiv Sena led by Uddhav Thackeray in June 2022, the Supreme Court referred its 2016 ruling in the Nabam Rebia case to a larger panel for review. Under the nation’s anti-defection law, the Thackeray faction demanded the MLAs’ disqualification. The top court ruled that the speaker must decide on disqualification petitions within the permissible time.
The Supreme Court ruled that there were no communications, on which the Governor had relied, suggesting that the disgruntled MLAs intended to stop supporting the government. The Governor made a mistake when he relied on a group of Shiv Sena MLAs to declare that Uddhav Thackeray no longer had the support of the majority of MLAs.
Can’t restore status quo as Uddhav denied Floor Test and submitted resignation
It said that because Uddhav Thackeray declined to take the Floor Test and submitted his resignation, the status quo could not be restored. As a result, the Governor had good reason to swear in Eknath Shinde with the backing of the ruling BJP party. The Supreme Court ruled that a Floor Test cannot be utilized as a means of resolving disputes between and within parties.
According to the Nabam Rebia ruling, Speakers are not permitted to issue notifications of disqualification while a notice of removal is pending.
According to the Nabam Rebia ruling, Speakers are not permitted to issue notifications of disqualification while a notice of removal is pending. The Supreme Court further stated that the Speaker could move on with petitions demanding the disqualification of the MLAs if he determines that the motion for his dismissal is not in accordance with process.
The Speaker’s choice to name Bharat Gogawale (Eknath Shinde) as the Shiv Sena party whip was declared unlawful by the supreme court. The highest court ruled that only the whip designated by the political party should be recognized by the Speaker.
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