SC’s decision on the future of Maharashtra government today, what are the big things about the case?

Eknath Shinde Vs Uddhav Thackeray Row: The Supreme Court is going to give its verdict on the Shinde vs Uddhav dispute of Maharashtra on Thursday (May 11). A five-judge bench headed by Chief Justice DY Chandrachud had reserved judgment on the matter on March 16. Before this, the court heard the lawyers of both the parties and the Governor’s office for 9 days. During the hearing, the Uddhav camp termed Shinde’s rebellion and the formation of his government as illegal. On the other hand, the Shinde camp said that after the split in the legislature party, the governor was right in ordering a floor test.

What is the matter?

In 2022, Chief Minister Uddhav Thackeray had to resign after the rebellion of MLAs under the leadership of senior Shiv Sena leader Eknath Shinde. After this, a new government was formed under the leadership of Shinde. During this entire development, several petitions filed in June and July 2022 are pending in the Supreme Court. In August, the matter was referred to the constitution bench. A Constitution Bench headed by the Chief Justice heard the matter. The remaining 4 members of this bench are Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.

‘How can you be reinstated?’

During the hearing, Abhishek Manu Singhvi and Kapil Sibal, appearing for Uddhav Thackeray, also said that if the Shinde government is approved, it will set a wrong example for the future. There was also a demand from the Uddhav Thackeray side for restoration of the old status quo. On this, the Supreme Court had said that how can the person who resigned from the post instead of participating in the floor test be reinstated?

Shinde camp’s cross-examination

Senior advocates Neeraj Kishan Kaul and Mahesh Jethmalani, appearing for the Shinde camp, said there was no issue of a split in the party. Shinde-led Shiv Sena is the real Shiv Sena. Now the Election Commission has also accepted it. The governor had corrected Uddhav Thackeray by asking him to conduct a floor test in the assembly.

Plea of ​​Governor’s Office

Solicitor General Tushar Mehta presented the case on behalf of the Governor’s office. He said that 34 MLAs of Shiv Sena had told the Governor that Eknath Shinde is their leader. Along with this, 47 MLAs had written this letter that the leaders of the Uddhav Thackeray faction were threatening them violently for supporting Shinde. Therefore, the governor decided to have a floor test. It was the constitutional duty of the Governor.

The hearing of the Supreme Court has been mainly on these questions: –

1. Was the then Deputy Speaker not able to consider the disqualification of MLAs from the Shinde camp because a motion for his own removal was pending against him?
2. Can the Supreme Court or the High Court take a decision on disqualification?
3. Can he participate in the proceedings of the House while the disqualification case against the MLAs is pending?
4. In case of disqualification of an MLA, how will the proceedings of the House in which he participated during the pendency of the matter be treated?
5. Who can appoint the Chief Whip of the party? What right did the Shinde camp do by removing the whip appointed by the then Shiv Sena high command on the basis of its majority in the Legislature Party?
6. Should the 40 MLAs of the Shinde camp have merged with another party under the anti-defection law? Couldn’t he have formed the government himself with the support of another party?
7. Did the governor make a mistake by inviting Eknath Shinde to form the government?

situation has changed

Since Shinde’s rebellion till now, the political situation in Maharashtra has changed a lot. At present, Shinde’s majority government is in Maharashtra with the support of the BJP. The Election Commission has also given a decision that Shinde’s Shiv Sena is the real Shiv Sena. Eknath Shinde The government can be in danger only if the constitution bench decides that at the time Shinde and his MLAs formed the government, he was ineligible to be a member of the assembly.

Although initially the Uddhav faction had applied to the Deputy Speaker to disqualify only 16 MLAs. Even if he is disqualified from voting, the majority of the Shinde government, which has the support of 162 MLAs in the 288-member assembly, will not be affected. The situation will not change if the Supreme Court only says that the Governor was in a hurry by inviting Shinde. This is because Shinde, who became CM after that invitation, had proved his majority.

read this also: Maharashtra: Who will lose sleep due to the decision of the Supreme Court? Uddhav or Shinde, Assembly Speaker Narvekar’s big statement