Supreme Court verdict on Shiv Sena's Uddhav Thackeray vs Eknath Shinde. Chief Justice Chandrachud reads out the decision of the Constitution Bench. Salient features:
- Status quo ante cannot be restored in Maharashtra as Uddhav Thackeray resigned
- Governor had no material to doubt govt majority
- Floor test not medium to resolve party disputes
- Speaker was aware of two factions
- Speaker recognising Gogawale as whip illegal
- Whip from political party, not legislative party
The Supreme Court will pronounce its verdict on Thursday on a clutch of cross-petitions filed by the Uddhav Thackeray and Eknath Shinde factions of the Shiv Sena pertaining to the 2022 Maharashtra political crisis.
A five-judge constitution bench headed by Chief Justice DY Chandrachud will deliver its verdict on pleas related to the political crisis that led to the fall of the three-party MVA government led by Uddhav Thackeray following a revolt by Shinde.
As per the cause list published on the Supreme Court's website, a single, unanimous judgement will be pronounced by Justice Chandrachud, reports PTI.
The other verdict expected on Thursday concerns the dispute between the Centre and Delhi government over control of administrative services in the national capital.
Thursday’s cause list, which is the list of business for the day, shows that both judgments are unanimous and are by the CJI.
The five-judge Bench had reserved its judgment in the Delhi govt vs Centre matter on January 18.
On March 16, the top court had reserved its verdict on the Maharashtra matter at the conclusion of lengthy arguments from both sides that went on for nine days starting February 21.
Thinking aloud
On the last day of hearing, the top court had wondered as to how it can reinstate the Uddhav Thackeray government when the chief minister had put in his papers even before facing the floor test, after the faction led by him pitched for setting aside the governor's June 2022 order to the CM for a trial of strength in the House.
The Thackeray faction made vehement submissions before the court urging it to "turn back the clock" and restore the "status quo ante" (previously existing state of affairs) as it had done in 2016 when it reinstalled Nabam Tuki as the chief minister of Arunachal Pradesh.
The bench also comprises Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.
The line up of advocates
The Uddhav Thackeray faction was represented by senior advocates Kapil Sibal, AM Singhvi, Devadatt Kamat and advocate Amit Anand Tiwari, while the Shinde camp was represented by senior advocates Neeraj Kishan Kaul, Harish Salve, Mahesh Jethmalani and advocate Abhikalp Pratap Singh.
Solicitor General Tushar Mehta represented the office of the governor.
On February 17, the top court had declined to refer a batch of pleas related to the Maharashtra political crisis triggered by a split in the Shiv Sena to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgement on Arunachal Pradesh.
The 2016 judgement dealt with powers of the assembly speaker and ruled that he/she cannot proceed with pleas for disqualification of MLAs if a prior notice seeking the speaker's removal is pending before the House.
Refusal to stay
On June 29, 2022, at the height of the Maharashtra turmoil, the apex court had refused to stay the governor's direction to the 31-month-old MVA government led by Thackeray to take a floor test.
Sensing defeat, Thackeray resigned, catapulting to power a Shiv Sena-BJP dispensation led by Shinde.
On August 23, 2022, a three-judge bench of the top court headed by then chief justice N V Ramana had formulated several questions of law and referred to the five-judge bench petitions filed by the two Sena factions which raised several constitutional questions related to defection, merger and disqualification.
In a blow to the Thackeray bloc, the Election Commission had earlier this year declared the Shinde faction as the real Shiv Sena and allotted it the bow and arrow symbol of the party founded by Balasaheb Thackeray.
