After a long wait, the verdict of the Supreme Court has come regarding the Maharashtra political crisis case. After the verdict, the Shinde group got a big relief. The court said in clear words that it will not take a decision on the disqualification of the MLAs. For this, the speaker has been ordered to take a decision soon.
The court said that Uddhav Thackeray did not face the floor test, so he cannot be reinstated.
Further, the bench held that separating the whip from the party would not be right according to democracy. It is the party that seeks votes from the public. Only legislators cannot decide who will be the whip. Uddhav Thackeray was considered the leader in the meeting of party legislators. On July 3, the speaker approved the new whip of Shiv Sena. In this way, two leaders and 2 whips were done.
Since June 2022, a constitution bench led by Chief Justice of India DY Chandrachud has been hearing a batch of petitions filed by both the groups from Sena. A five-judge Constitution Bench of the Supreme Court, comprising CJI Chandrachud and Justices M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha, had on March 16 concluded hearing and reserved its verdict on a batch of pleas filed by both Sena groups.
The governor should not do what the Constitution has not given him. If the government and the speaker try to postpone the discussion on the no-confidence motion, then the governor can take a decision. But in the letter written by the MLAs to the Governor in this matter, they did not say that they want to remove the MVA government. Only raised questions on the leadership of his party. The court said that dissatisfaction in any party should not be the basis of the floor test.
Whatever proposals were received by the governor were not clear. It was not known whether the dissident MLAs were forming a new party or merging somewhere.
Case Details:-
Writ Petition (C) No. 493 of 2022
Subhash Desai
Versus
Principal Secretary, Governor of Maharashtra & Ors.
