Maharashtra Speaker Has To Decide On Disqualification In Time-Bound Manner: Uddhav’s Counsel After SC Verdict

The Supreme Court asked the Maharashtra Speaker to decide on disqualification petitions within a reasonable time, but it did not grant relief to Uddhav Thackeray because he resigned as chief minister without facing a Floor test in the state assembly.

File photo of Shiv Sena (Uddhav Balasaheb Thackeray) chief Uddhav Thackeray who was denied relief by the Supreme Court today to reinstate his government in Maharashtra.

Source : PTI

The Maharashtra Speaker has to give a decision on petitions seeking the disqualification of MLAs in a time-bound manner, senior advocate Abhishek Manu Singhvi, who argued for Uddhav Thackeray's side in the Supreme Court in Maharashtra political crisis case, said on Thursday after the apex court's verdict. The apex court pronounced a verdict on a batch of petitions related to the 2022 Maharashtra political crisis that saw Eknath Shinde taking over as Chief Minister from Uddhav Thackeray following a split in the Shiv Sena.

The SC bench criticised the Maharashtra Speaker's decision to appoint Gogawale (Shinde group) as chief Whip of the Shiv Sena party as illegal but refused to give relief to former Maharashtra chief minister Uddhav Thackeray as it observed that he resigned without facing a Floor test in the Maharashtra assembly.

"The Speaker should disqualify the MLAs. Only by doing this justice will be served," senior lawyer Abhishek Manu Singhvi said, as quoted by news agency ANI. 

He also represented the Delhi government in the case against the Union government wherein the Supreme Court on Thursday ruled that the Delhi government had legislative and executive power over "services", including the Indian Administrative Service (IAS), except law and order and land. "This is a judgement in favour of the people of Delhi and I welcome every legal count of it. We hope and trust that all such over-adventurous legal acrobatics as practised by the Central govt in the NCT case will not reoccur," he remarked, as per ANI.

In a unanimous verdict, a five-judge Constitution bench headed by Chief Justice DY Chandrachud said the Lieutenant Governor (L-G) was bound by the decision of the Delhi government over services apart from public order, police and land.

16 Rebel MLAs Including CM Eknath Shinde Stand Disqualified: Sanjay Raut

Sanjay Raut of Shiv Sena (UBT) said that if the top court has observed that Sunil Prabhu of the Uddhav Thackeray faction of Sena remains the official whip, then as per its observation, 16 rebel MLAs, including Chief Minister Eknath Shinde, stand disqualified.

Raut also emphasised that since the process of formation of the government was illegal, the Shinde government is illegal.

“Sunil Prabhu remains the official whip of Shiv Sena as per SC's observations, so rebel MLAs stand disqualified,” Raut said, as per news agency PTI.

Supreme Court Says Maharashtra Governor 'Erred', But Uddhav Quit Without Floor Test

In the Maharashtra case, the Supreme Court asked the Speaker to decide on disqualification petitions within a reasonable time as it also held that the Maharashtra Speaker's decision to appoint Gogawale (Shinde group) as chief Whip of the Shiv Sena party as illegal, but it did not grant relief to Uddhav Thackeray as he did not face a Floor test in the state assembly.

Supreme Court said that the state assembly Speaker should recognise only the whip appointed by the political party. It further stated that the Governor had no objective material to call for a Floor test in the Assembly, it cannot be used as a medium to resolve inter or intra-party disputes.

According to the SC bench, the Governor erred in relying on the resolution of a faction of MLAs of Shiv Sena to conclude that Uddhav Thackeray had lost the support of the majority of MLAs. "Governor had no objective material to doubt the confidence of the Uddhav Thackeray-led government and call for a Floor test. The resolution relied on by the government did not indicate that MLAs wanted to withdraw support. Even if it is assumed that the MLAs wanted to exit the government, they constituted only a faction," the Supreme Court stated.

However, the top court said that status quo ante cannot be ordered by restoring the Maha Vikas Aghadi government as then CM Uddhav Thackeray did not face the floor test and tendered his resignation. Hence, the Governor was justified in administering the oath to Eknath Shinde with the support of the largest party BJP.