Read why Uddhav Thackeray will not come as Maharashtra CM
The Supreme Court ruled on Thursday that Uddhav Thackeray cannot be reinstalled as Maharashtra chief minister because he resigned, but that the floor test brought down the Uddhav Thackeray-led government in Maharashtra, was also illegal.
The Governor, BS Koshyari, erred when he decided that Uddhav had lost the majority in the House, and the Supreme Court ruled in a landmark decision.
According to the Supreme Court, the floor test cannot be used to decide inter or intra-party disputes.
The Supreme Court pointed out that Devendra Fadnavis and the independent MLAs did not file a no-confidence motion and that the governor’s “exercise of discretion was not by the law.”
The Supreme Court stated that if Uddhav had not resigned, it might have reinstalled him as chief minister.
“Neither the Constitution nor the law empower the governor to enter the political arena and also play a role in either inter-party or intra-party disputes,” the Supreme Court pointed out.
The Supreme Court also ruled that the Speaker’s decision to appoint Shinde group-backed Gogowale as Shiv Sena whip was unconstitutional.
“Nothing in any of the talks relied on by the Governor indicated that those dissatisfied MLAs wanted to withdraw their support for the Government,” the order stated.
“Even if it is thought that the MLAs wanted to leave the government, they were only a faction,” observed CJI DY Chandrachud.
According to the Supreme Court, the Speaker and the Election Commission will determine who the true Shiv Sena is. The Speaker will also rule on the issue of disqualification.
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