New Delhi: The Supreme Court today said that the Maharashtra Governor was not justified in calling upon then Chief Minister Uddhav Thackeray to prove majority in the Assembly on June 30 last year but refused to order status quo ante, saying he did not face the floor test and resigned.
In a unanimous verdict on a batch of pleas related to the political crisis that led to the fall of the Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray following a revolt by the Eknath Shinde faction, a five-judge Constitution bench headed by Chief Justice DY Chandrachud held that House speaker's decision to appoint Bharat Gogawale of the Shinde faction as the whip of Shiv Sena was "illegal".
It, however, said since Mr Thackeray had resigned without facing the floor test, the governor was justified in inviting Mr Shinde to form government at the behest of the BJP which was the largest political party in the house.
Here are the highlights of this big story:
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"Welcome The Ruling": Maharashtra Assembly Speaker
Maharashtra Legislative Assembly Speaker Rahul Narwekar said he will complete the process of ascertaining who represents the original Shiv Sena as a political organization in a reasonable time, adding that he would give a hearing to all sides.
"I welcome the Supreme Court's ruling that has asked the Speaker of the Assembly to recognise a political party. I will try to complete it in a reasonable time," he said.
Maharashtra Speaker To Decide MLA Disqualifications: Supreme CourtThe Supreme Court on Thursday said it cannot ordinarily adjudicate disqualification petitions against legislators under the anti-defection law and directed the Maharashtra Assembly speaker to take a decision on such pleas against Chief Minister Eknath Shinde and other MLAs within a reasonable period.
A five-judge bench headed by Chief Justice D Y Chandrachud rejected the submission of the Uddhav Thackeray faction of the Shiv Sena that the top court should adjudicate the pending disqualification petitions against Mr Shinde and others on the ground that the incumbent speaker, Rahul Narwekar, is biased.
"This court cannot ordinarily adjudicate petitions for disqualification under the Tenth Schedule in the first instance. There are no extraordinary circumstances in the instant case that warrant the exercise of jurisdiction by this court to adjudicate disqualification petitions. The speaker must decide the disqualification petitions within a reasonable period," the bench said.
"Acted As Per Situation": Eknath Shinde Defends Maharashtra Governor Hours after Supreme Court held that the decision by the former Maharashtra Governor, asking Uddhav Thackeray to face a floor test, was "not justified", State Chief Minister Eknath Shinde on Thursday said that the then titular head of the richest state acted as per the situation at the time.
"I won't talk about what Supreme Court said about the then Maharashtra Governor Bhagat Singh Koshiyari, but I would say that he acted as per the situation at the time," Maharashtra chief minister Eknath Shinde said in a press briefing in Mumbai.
Sitting along with his deputy Mr Fadnavis, Mr Shinde added, "What if the floor test had happened and their (MVA) govt had failed it?"
Maharashtra Chief Minister Eknath Shinde Celebrates Supreme Court Decision
Aditya Thackeray Reacts To Supreme Court Decision On Maharashtra Political Crisis
Shive Sena Workers (Eknath Shinde Faction) Celebrate In Pune After The Verdict
Maharashtra Chief Minister Eknath Shinde Reacts To the Supreme Court Verdict
Former Maharashtra Governor Bhagat Singh Koshyari reacts on Supreme Court verdict on Uddhav Thackeray vs Eknath Shinde
Eknath Shinde addresses media:
- The decision we took of majority, it was approved by ECI decision where they gave us the legislative and political party to us. The speaker will take the decision on the same
- The former Chief Minister resigned, they had an idea that they don't have the numbers with them. Now they are talking about morals
- Whenever such a situation arises, when the government is in minority, the governor can take the decision
- Our government was formed in majority. That's why Uddhav Thackeray had no other option but to resign
- Even the people voted for Shiv Sena and the decision we took is based on our respect on the people's decision
- We are the ones who followed the morals and we are the one who actually followed the ideology of Balasaheb
- Now they say that they have the party and they can issue whip, my question is how many people do you have with yourself
- Now all decision will be taken by speaker on merit
- Today Uddhav Thackeray said that I resigned on moral grounds, I want to ask him, you got elected in an alliance with BJP and then formed government with NCP and Congress where was your moral gone at that time? You left ideology for power, Eknath Shinde left power and joined us in the opposition for ideology
- There's no question of Eknath Shinde resigning
Deputy Chief Minister Devendra Fadnavis says:
- We are satisfied with Supreme Court's decision
- It's a victory of democracy
- There are four five important issues
- First of all the Supreme Court has announced that Uddhav Thackeray can't become a Chief Minister again.
- The Supreme Court has clearly said that the petition of disqualification can be decided by the speaker
- There are no extraordinary circumstances in the case that warrants the Supreme Court to take decision regarding disqualification, the speaker should take the decision
- While the hearing of disqualification is going on, all the rights of these MLAs have been maintained
- Another important observation is that the Supreme Court has cleared that ECI has the right to take independent decision. People from Shivsena UBT were trying to question the ECI, but today Supreme Court has given clarity on this issue as well
Maharashtra Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis addresses media after Supreme Court verdict
If the current Maharashtra Chief Minister and deputy Chief Minister have any ethics, then they should resign: Uddhav Thackeray
Supreme Court's judgement is in favour of Uddhav Thackeray. It is on record that there was a violation of Whip and soon they (Shinde faction MLAs) will be disqualified: Shiv Sena (UBT) Anil Parab, in Delhi
Updated | Maharashtra Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis to hold news conference at 2 pm at Sahyadri, Mumbai, after the Supreme Court verdict
This is a big relief to the Shinde government in Maharashtra. Now the State will get a stable government. We welcome Supreme Court's decision: Rahul Ramesh Shewale, Shiv Sena (Shinde faction)
Supreme Court has said that the Shiv Sena Shinde group's whip is illegal...The current government is illegal and formed against the Constitution: Sanjay Raut, Uddhav Thackeray faction leader.
Conclusion:
Nabam rebia is referred to larger bench, - MLA has right to participate in proceedings of the house, political party and not legislature party appoints the whip,
- Direction to vote in a particular manner is issued by political party and not legislature party,
- The governor was not justified in calling upon mr thackeray to prove majority in the floor,
- Status quo ante cannot be restored as Mr Thackeray did not face the floor test and resigned. and thus Governor was correct in calling the BJP to form the government
Chief Justice DY Chandrachud
Both Devendra Fadnavis and others could have moved vote of no confidence... nothing stopped them. Governor did not have any objective material and exercise of discretion of governor in this case was not in accordance with law..this court cannot quash a resignation which was submitted voluntarily and order of this court on June 29 held that it will be subject to the final decision.. trust vote was not held..
Just In | Maharashtra Governor erred in concluding that Uddhav Thackeray had lost support of majority of MLAs, says Supreme Court
Lack of security is not a reason to conclude that a government has fallen and it was nothing but an extraneous reason to be relied upon by the Governor. The discretionary power of Governor under article 163 is for explicit stated subjects in the constitution.
- Even if it is assumed that MLAs wanted to leave the government... it was only dissatisfaction portrayed... floor test cannot be used as a medium to solve a intra party difference or inter party differences. There is a difference within party not supporting government and members being unhappy. Governor cannot use power not given to him... Governor is not entitled to enter political arena and play a role in intra party to inter party dispute. He cannot act on the basis that some members want to leave the Shiv Sena
- This cannot mean that they had withdrawn support from the floor of the house. Nothing shows members withdrew support and communication showed it disagreed with some policy decision of the Udhhav thackeray government.. whether there would be deliberation .. or will merge with another party was unclear.. thus Governor was wrong to conlcude that Uddhav Thackeray had lost majority
- To hold that the ECI is barred from deciding symbols order will be like staying proceedings indefinitely before the ECI and time for spreaker to decide will be uncertain... ECI has superintendence and control over election process and cannot be stopped from performing constitutional duty over a long period of time.
- We deal with Sadik Ali case and disqualification proceedings before speaker cannot be stayed with proceeding before the ECI. If disqualification is decided pending decision of ECI and decison of ECI will be retrospective and it will be contrary to law.
- When there are 2 whips appointed by 2 or more political parties and speaker has to ascertain the same... if the speaker or govt averts no confidence motion the governor will be justified to act without aid and advice. Now on governors role: among 34 mlas who signed the resolution a few were also ministers and governor concluded that members want to leave the political party... the governor has no objectve material on the basis of which he could doubt the objective of the incumbent govt and dissatisfaction of some members is not enough to call the floor test and he must use objective criteria and not use subjective satisfaction
Chief Justice DY Chandrachud on questions referred to larger bench
- Having referred the matter to a larger bench. So this is now referred. Coming to merits of the case now
- The house of people or legislative assemblies of states is elected by the people and coalition is formed if no single party forms the halfway mark
- Legislative procedures serve objectives of having deliberations in house leading to better outcomes... these safeguard constitutional values. Article 212 cannot be interpreted to put all procedural irreugularities beyong judicial review.. to hold that legislature party appoints the whip will be like to severe the umbilical chord... this is not the system as evisaged by the constitution. 10th schedule will be rendered otiose.. courts cannot be excluded by article 212 to examine action of speaker in recognising the whip
- The speaker on taking cognisance of the statement by Mr Shinde did not undertake to identify who was the whip and he should have undertaken an enquiry. and decision to appoint mr gogawale as chief whip was illegal since whip can be appointed only by the legislative political party
- Although parties may have addressed the court on applicability of nabam rebia it cannot be accepted since the earlier order did not rely on nabam rebia
- We are of the view that decision in nabam rebia should be referred to a larger bench
- We direct the case to be referred to a larger bench since these issues were not decided in nabam rebia: whether temporary disablement of speaker can be misused by the speakers and whether a constitutional hiatus will be ensued due to temporary disablement of speaker
Chief Justice DY Chandrachud reading out the judgment
If the 16 MLAs including Chief Minister Eknath Shinde are disqualified today, then this group of traitors will be finished: Sanjay Raut, Uddhav Thackeray faction leader
A Constitution Bench led by CJI DY Chandrachud will deliver the verdict. It is a unanimous decision by the bench. The judgment is authored by CJI.
The bench will assemble after 10.30 AM.
- Maharashtra Chief Minister Eknath Shinde's job and his government will be on the line today when the Supreme Court announces an all-important verdict on last year's Shiv Sena mutiny.
- The Supreme Court will decide whether Mr Shinde and 15 other MLAs should be disqualified for revolting against then Chief Minister Uddhav Thackeray in June last year.
- Mr Thackeray had asked the top court to step in after Mr Shinde, backed by the opposition BJP, split the Shiv Sena and led most of the MLAs to form a new government.
- If Mr Shinde is disqualified, he will have to resign as Maharashtra Chief Minister and his government will be disbanded.