NEW DELHI: Thursday will mark an important day for Maharashtra politics and chief minister Eknath Shinde as a five-judge bench of the Supreme Court will decide on the disqualification of Shinde and 15 other MLAs who last year revolted against the then CM Uddhav Thackeray.
The verdict on the plea related to the Maharashtra political crisis will be delivered by Chief Justice of India (CJI) DY Chandrachud on behalf of four other members of the bench (justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha). The ruling was reserved earlier.
The court’s adjudication in the Maharashtra political situation would decide the fate of the Shinde-led Maharashtra government as well as set the law related to intra-party disputes and application of anti-defection law for the future.
In the Shiv Sena rift, the Thackarey faction has sought that the former CM be reinstated. The Thackarey group contended that the Shinde faction never argued that there existed a split in the party and that the speaker acted in a “biased manner”.
On the other hand, the Shinde faction had said that it represented the real Shiv Sena as the legislature party had the authority of the political party. The bench hearing the case had categorically asked how the court can reinstate the CM (Uddhav Thackeray) who did not even face the floor test.
Senior Advocate AM Singhvi’s had urged the bench to restore the status quo that had existed on June 27, 2022, before the Governor directed former CM Uddhav Thackeray to face a floor test. Justice MR Shah questioned Thackeray’s decision to not face the trust vote and said, “How can the court reinstate the CM who did not even face the floor test?” CJI DY Chandrachud opined that Thackeray was not ousted from power as a result of a trust vote which was wrongly summoned by the Governor but because he chose not to face it.
Possible scenarios post -verdict
1. The Supreme Court can send the disqualification of 16 MLAs of Eknath Shinde-led Shiv Sena to the Speaker. As per the assembly business rule, only the Speaker has the right to disqualify the MLAs citing anti-party activities and other reasons. The court may clarify whether the disqualification of MLAs will be done by incumbent Speaker Rahul Narvekar or the erstwhile deputy speaker Narhari Zirwal who issued disqualification notices to 16 MLAs
2. The SC may use Section 142 of the Constitution to deliver complete justice. So, instead of sending 16 MLA’s disqualification matter to Speaker, the court can directly disqualify the MLAs.
3. Even if the SC disqualifies MLAs, including CM Shinde, BJP still has the majority against the total numbers of MLAs. So, BJP can continue in power as as per current House strength. It will also have its own CM.
4. Governor Bhagat Singh Koshyari had asked the then CM Uddhav Thackeray to prove the majority. According to the SC, the Governor has no authority to ask incumbent CM to prove majority and go for the floor test. The court can cancel the Governor’s letter and call the current government illegal and the act of the Governor may be called unconstitutional.
5. The SC can send this matter to a larger bench of seven judges. The judgment will give relief to incumbent Maharashtra CM Eknath Shinde and his government.
Also in top court
Bhatt’s plea of more evidence dismissed
SC dismisses petition filed by Gujarat’s former IPS officer Sanjiv Bhatt seeking to produce additional evidence in the criminal appeal pending in the Gujarat High Court against his conviction and sentence in a 1990 custodial death case. Sanjiv Bhatt had approached the SC against HCs order on the same.
Arun Kumar to be Allahabad HC judge
SC collegium recommends elevation of advocate Arun Kumar as a Judge of the Allahabad High Court. The Collegium noted that Kumar has 25 years of practice at the Bar and has experience of conducting wide range of cases before HC in constitution, civil and revenue jurisdiction.