Maharashtra Political Crisis: Supreme Court denies to reinstate MVA Government

The Supreme Court recently ruled that, while the then-Governor of Maharashtra, Bhagat Singh Koshyari, did not follow the legislation by requesting a floor test in the Maharashtra Assembly in June 2022, the government of Uddhav Thackeray could not be reinstated because he stepped down without facing the test. The court also stated that the Speaker must make a decision on disqualification petitions filed by 16 MLAs within a reasonable time frame.

The Supreme Court was deliberating on the disqualification of 16 MLAs from CM Shinde’s Sena. Despite the whip, the 16 MLAs, including Shinde, were served with disqualification letters for failing to attend a party meeting called by then-CM Uddhav Thackeray. When Shinde requested a trust vote on the floor of the state legislative assembly in July, the ruling BJP-Shiv Sena coalition received the backing of 164 out of 288 MLAs and became chief minister.

A constitution bench chaired by Chief Justice of India DY Chandrachud has been considering a batch of lawsuits submitted by both Sena parties from June 2022. On March 16, a five-judge Supreme Court Constitution Bench comprised of CJI Chandrachud and Justices M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha ended the hearing and reserved its judgement on a batch of complaints submitted by both Sena parties.

Sena Leaders demand Eknath Shinde’s resignation following SC verdict

Sanjay Raut and Priyanka Chaturvedi gave their assessment of the Supreme Court’s ruling in the Sena versus Sena case on Thursday, characterising it as a harsh condemnation of the Shinde coup. The Supreme Court ruled that the floor test that brought the Shinde government to office was unconstitutional. In light of this, Uddhav Sena MP Sanjay Raut stated that Eknath Shinde should step down on moral grounds, citing the Supreme Court’s ruling that the Shinde-Fadnavis coup was unlawful. “The Supreme Court has declared the Shiv Sena Shinde group’s Whip illegal,” Sanjay Raut remarked. The current government is unlawful and was created in contravention of the Constitution.”

Another Uddhav Sena MP, Priyanka Chaturvedi, shared a similar viewpoint, describing the ruling as a crushing blow to the illegitimate cabinet. She emphasised that Shinde’s whip, Bharat Gogawale, was declared illegal and that the Governor’s decision on the floor test was outside of his jurisdiction and authority. In a tweet, Chaturvedi said, “Slap on the face of the unlawful and illegal government enjoying the perks of being in power without consequence.”

The Governor’s role was also criticised by the Supreme Court, which stated that his order for a floor test was improper since he incorrectly determined that Uddhav Thackeray had lost the majority. According to the court, Devendra Fadnavis and other independent MLAs could have filed a no-trust motion. Furthermore, the court criticised the Speaker’s nomination of the whip for the Eknath Shinde group. Although the court acknowledged that Uddhav Thackeray might have been reinstated if he had not resigned before the floor test, it stated that the circumstances before June 2022 could not be restored since Uddhav Thackeray’s resignation could not be invalidated.