After a long wait, today (May 11) the decision of the Supreme Court has come regarding the Maharashtra political crisis case. After the verdict, the Shinde group got a big relief. The court said in clear words that it will not take a decision on the disqualification of the MLAs. For this, the speaker has been ordered to take a decision soon. The court said that Uddhav Thackeray did not face the floor test, so he cannot be reinstated.
The Supreme Court further said that separating the whip from the party would not be right according to democracy. It is the party that seeks votes from the public. Only legislators cannot decide who will be the whip. Uddhav Thackeray was considered the leader in the meeting of party legislators. On July 3, the speaker approved the new whip of Shiv Sena. In this way two leaders and 2 whips were done. The Speaker should have conducted an independent inquiry and taken a decision. It was wrong to consider Gogavale as a whip as it is appointed by the party. With this, the whole matter was sent to the larger bench.
The governor should not do what the constitution has not given him. If the government and the speaker try to postpone the discussion on the no-confidence motion, then the governor can take a decision. But in the letter written by the MLAs to the Governor in this matter, they did not say that they want to remove the MVA government. Only raised questions on the leadership of his party. The court said that dissatisfaction in any party should not be the basis of floor test. Whatever proposals were received by the governor were not clear. It was not known whether the dissident MLAs were forming a new party or merging somewhere.
Supreme Court says it will not take a decision on disqualification. The speaker has been ordered to take a quick decision in this matter. The court said that split in the party cannot be the basis for avoiding disqualification action. Can’t restore Uddhav again.
Actually, after the rebellion of Eknath Shinde faction last year, Shiv Sena was divided into two factions. Uddhav Thackeray resigned from the post of Chief Minister, after which the then Governor Bhagat Singh Koshyari called Eknath Shinde to form the government. A petition was filed in the Supreme Court regarding this. The validity of the membership of 16 MLAs was challenged by the Uddhav Thackeray faction, on which the decision has come today.
