Uddhav Quit On His Own, But Governor Wrong Says SC In Big Order

The Supreme Court has said that it cannot restore the Maha Vikas Aghadi (MVA) government in Maharashtra as the resignation by Uddhav Thackeray as Chief Minister was voluntary in nature.

'Status quo ante' cannot be restored as Mr.Thackeray did not face the floor test and tendered his resignation. Hence the Governor was justified in administering the oath to Shinde with the support of the largest party, the BJP, the Supreme Court said.

The Supreme Court also said that the question on the role of the Speaker would be referred to a larger Bench.

The court held that the decision of the Governor to call for a floor test based on the request by the 34 MLAs of the Shinde faction was incorrect since he did not have enough objective material before him to conclude that the then Chief Minister, Uddhav Thackeray had lost confidence of the House.

On the question of restoring the government, the Bench said that had Thackeray not resigned, the court could have restored the government. "The petitioners argued for the restoration of 'status quo ante'. However Thackeray did not face the floor test," the Bench noted.

"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 between a party not supporting government and members of some political party being unhappy," the Bench noted.

A Constitution Bench headed by Chief Justice of India D Y Chandrachud said that it is directing the question on the role of the Speaker to be referred to a larger Bench.

The observations came while hearing a batch of petitions that challenged the split in the Shiv Sena in Maharashtra last year.

The court further said that the exercise of discretion by the Governor was not in accordance with the Constitution. Devendra Fadnavis and the MLAs could have moved for a no-confidence monition. Nothing prevented from doing that, the SC said. "The Governor ought not to have relied on the letter. The letter did not indicate that Thackeray lost support. The Governor erred in relying on the resolution of a faction of the Shiv Sena that Thackeray had lost the support of the majority of the MLAs," the Bench also said.

"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," the Supreme Court said.

The Supreme Court however held that the decision by the Speaker to appoint Gogawale (Shinde group) as the whip of the Shiv Sena party was illegal. The Maharashtra Assembly Speaker could not have recognised the Eknath Shinde camp MLA Gogawale as the Whip of the Shiv Sena, the Bench held. Only the Whip appointed by the political party should be recognised the Bench said.

"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. Decision to appoint Mr. Gogawale as chief whip was illegal since whip can be appointed only by the political party," the court also said.