Can't restore Thackeray government: SC on Shiv Sena rift
The Supreme Court on Thursday said that it cannot restore the Uddhav Thackeray government in Maharashtra as Thackeray stepped down from the post without facing a floor test. It, however, observed that Maharashtra's former Governor Bhagat Singh Koshyari's decision to call for a floor test and Assembly Speaker Rahul Narwekar's decision to invite Chief Minister Eknath Shinde to form the government were wrong.
Why does this story matter?
The decision preserved the Shiv Sena-Bharatiya Janata Party (BJP) government in Maharashtra. The decades-old Shiv Sena was bifurcated in June 2022 after Shinde revolted against it with 40 MLAs and joined hands with the BJP to topple the Thackeray-led Maharashtra Vikas Aghadi (MVA) government. Later, the Shinde faction won the legal battle over who the "real" Shiv Sena was between the two camps.
Shinde to continue as CM
Shinde will continue as the CM, the SC said, and noted that Koshyari was justified in administering the oath to him with the BJP's support. This bolsters Shinde's political position, and he could be the ruling alliance's CM face for the 2024 state Assembly elections.
Governor invited Shinde to form government despite disqualification proceedings
The SC also examined Koshyari's invitation to Shinde to form the government while he and his faction's lawmakers were facing disqualification proceedings under the anti-defection law. It noted that the House Speaker's decision to appoint Bharat Gogawale of the Shinde camp as the Shiv Sena's chief whip was "illegal." The SC referred the case to a larger constitutional bench.
Both Shiv Sena camps claim SC verdict in their favor
Following the SC's decision, Shinde camp leader Rahul Shewale said the decision was a relief to the Shinde government, and now the state will have a stable government. Meanwhile, Thackeray faction's leader Anil Parab said the SC decision is in their favor. He added that the court said on record that there was a violation and soon the Shinde faction's MLAs will be disqualified.
Can prove majority if needed: Maharashtra BJP chief
A five-judge bench headed by Chief Justice (CJI) DY Chandrachud rendered the decision on the eight petitions regarding the face-off. Thackeray camp's MP Arvind Sawant termed it "a fight to save the constitution and democracy." Earlier, Maharashtra BJP chief Chandrashekhar Bawankule claimed that the ruling alliance has over 184 votes in the 288-member state Assembly and can prove its majority if required.
