11 May 2023

Had Uddhav Thackeray not resigned, he would have remained CM! Supreme Court said a big thing on Maharashtra dispute; Fadnavis, Uddhav, Shinde react

New Delhi: The Supreme Court has given a big relief to the Eknath Shinde faction on the political turmoil in Maharashtra last year. The court said had Uddhav Thackeray not resigned, he would have remained CM. 

The constitutional bench of the court said that it cannot order restoration of the Uddhav Thackeray government since he resigned without facing the floor test although the Governor's decision for the same was wrong and Speaker was wrong in appointing whip of Eknath Shinde group.

The SC refused to interfere with the formation of Eknath Shinde's government with BJP support since Thackeray had voluntarily submitted his resignation and the court noted it could not "quash a resignation".

SC questions role of then Governor and Speaker

Questioning the role of the then Governor of the state on the whole matter, the Court went so far as to say that the Governor has not been granted powers either by law or the Constitution to enter political arena and play a role in either inter-party or intra-party disputes . Floor test cannot be the medium to resolve any party's dispute.

The court held that the Speaker's decision to appoint Bharat Gogawale--who was backed by the Shinde group--as the party whip was illegal. The Constitution Bench noted that the Speaker must only recognize the whip appointed by the political party.

Case referred to a larger bench

With these observations, the Supreme Court referred the Sena split case to a larger bench. The court said that the 2016 Nabam Rebia case which held that Speaker cannot initiate disqualification proceedings when a resolution seeking their removal is pending requires reference to a larger bench.

Truth has won: Shinde 

Welcoming the Supreme Court verdict, Maharashtra Chief Minister Eknath Shinde said, "Today, the truth has won." Taking a swipe at Opposition leaders who label their government as unconstitutional, he said the Supreme Court has recognized that our government is legal.

Victory for democracy: Fadnavis 

Deputy Chief Minister Devendra Fadnavis says that he is satisfied with the Supreme Court verdict and that it's democracy and mandate's win. "This is a victory for democracy and the democratic process. We are satisfied with the verdict given by the Supreme Court," he said.

I will continue my fight: Uddhav

On the other hand Uddhav Thackeray on Thursday trained his guns at former Governor of Maharashtra BS Koshyari, Chief Minister Eknath Shinde and Deputy CM Devendra Fadnavis following the Supreme Court verdict.

Uddhav Thackeray, during a press conference held at his residence Matoshree, said that he is happy with the verdict and that he will continue his fight. He said, "My resignation may be invalid under law. But when it comes to ethics, if this Chief Minister has morals then the Chief Minister and Deputy Chief Minister should resign."

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