New Delhi:The Supreme Court Constitution bench on Thursday ruled that the erstwhile Maha Vikas Aghadi government cannot be restored in Maharashtra as then Chief Minister, Uddhav Thackeray, had resigned without facing the floor test.
The bench, however, held that Maharashtra governor erred in ordering a floor test thinking that Uddhav lost majority and the Speaker’s decision to appoint the whip nominated by Eknath Shinde group was also incorrect. It further added that floor test cannot be used to resolve internal party disputes. “Governor ought not to have relied on the letter…the letter did not indicate that Uddhav Thackeray lost support. Exercise of discretion by the Governor was not in accordance with the Constitution.”
Since Thackeray voluntarily resigned, the bench further observed that the Governor was right in allowing the formation of the Ekanth Shinde-led government with the support of BJP. The Speaker has been directed to decide on disqualification petitions within a reasonable time.
The top court added that the 2016 Nabam Rebia case which held that Speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending, requires reference to a larger bench.
Reacting to the Supreme Court’s observations that the Maharashtra Governor’s decision to call for a floor test in June 2022 was not in accordance to the law, Shiv Sena UBT president Uddhav Thackeray said, “Just like how I resigned on ethics, Eknath Shinde, and this illegal government should also resign on the issue morality”.
Commenting on the SC order, AAP’s SAnjay Singh said, “The appointment of Chief Whip in Maharashtra is a wrong decision taken by him. On the basis of morality, the Shinde government should resign immediately.”
Maharashtra CM Eknath Shinde & Deputy CM Devendra Fadnavis will be holding news conference at 2 pm at Sahyadri, Mumbai, reports added.
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