SC On Thackeray-Shinde Tussle: Main Takeaways

A five-judge bench of the Supreme Court, led by Chief Justice of India D Y Chandrachud and comprising Justices M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha, ruled on the pleas related to the June 2022 political crisis in Maharashtra.

Takeaways:

– The Maha Vikas Aghadi (MVA) government cannot be restored since Uddhav Thackeray resigned voluntarily. Had Thackeray not resigned, the SC said it could have restored the status quo.

– Because Thackeray resigned, the governor was right in inviting Eknath Shinde-led coalition to form the government.

– Maharashtra Chief Minister Eknath Shinde gets to keep his job.

– The governor made an error in ordering a floor test thinking that Thackeray had lost the support of a majority of MLAs. "Exercise of discretion by the Governor was not in accordance with the Constitution," the SC said.

– The Speaker's decision to appoint Bharat Gogawale (backed by Shinde group) as the whip of the Shiv Sena party was illegal.

– The 2016 Nabam Rebia verdict on the power of a speaker on the disqualification of MLAs has been referred to larger bench.

– A floor test cannot be used to resolve internal party disputes.

– Speaker to decide on disqualification of 16 MLAs. Speaker is the competent authority to adjudicate disqualification proceedings first.

Background:

The hearing on the pleas commenced on 14 February and concluded on 16 March, with the bench reserving their judgement at the time.

The political crisis in Maharashtra began in June 2022 after a rift within the Shiv Sena resulted in two factions led by Eknath Shinde and Uddhav Thackeray.

Both the groups filed petitions with the Supreme Court.

A petition was first filed by Shinde, wherein he challenged the notices issued by then deputy speaker against the rebels under the Tenth Schedule of the Constitution over alleged defection.

Later, the Thackeray group filed petitions challenging the decision of the Governor to call for a trust vote, the swearing-in of Shinde as chief minister with the backing of the BJP, and the election of a new speaker, among other things.

The Supreme Court had to deal with the disqualification of 16 members of Maharashtra Chief Minister Shinde's Sena, including Shinde himself.

The members had received disqualification notices for failing to attend a party meeting called by former chief minister Thackeray despite the whip that was issued.

During a vote of confidence sought by Shinde in July last year, the ruling BJP-Shiv Sena coalition secured the support of 164 out of 288 MLAs in the state legislative assembly, enabling them to form the government.