Maharashtra crisis: Uddhav Thackeray resigned as CM, cannot reinstate him, says Supreme Court

Supreme Court of India on Thursday (May 11) refused to grant relief to the Uddhav Thackeray camp in the former Shiv Sena chief’s battle against Eknath Shinde, the chief minister of the western Indian state of Maharashtra. Shinde, once a prominent figure in Shiv Sena under Uddhav Thackeray, revolted against him last year. He found support from a large number of Shiv Sena's Members of Legislative Assembly (MLAs). Thackeray subsequently resigned and Shinde became chief minister with the support of Bharatiya Janata Party (BJP).

The Election Commission of India (ECI) has already ruled that the Shinde faction can use the name Shiv Sena and the famous 'bow and arrow' symbol of the party.

"Relief could have been provided if he [Thackeray] had not resigned and faced the floor test. Governor should not have called for the trust vote but because Uddhav Thackeray resigned, Governor was justified in calling Eknath Shinde in forming the government," said Supreme Court on Thursday.

In a unanimous verdict on a batch of pleas related to the political crisis that led to the fall of the Maha Vikas Aghadi (MVA) government led by Thackeray following a revolt by the Eknath Shinde faction, a five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud and comprisingJustices MR Shah, Krishna Murari, Hima Kohli and PS Narasimhasaid that it could notquash the resignation tendered by Thackeray.

It made clear that had Thackeray not resigned, the Supreme Court could have reinstated him but the court can't quash a resignation.

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The Supreme Court on March 17 had reserved its verdict.The bench noted that the petitioners argued for restoring the status quo ante, however, Thackeray did not face the floor test.

Former Maharashtra governor erred, says Supreme Court

The top court held that the Maharashtra Governor erred in concluding that Uddhav Thackeray had lost the majority in the House.

The bench said the lack of security to MLAs (Eknath Shinde faction) is not a reason to conclude that a government has fallen and it was nothing, but an extraneous reason to be relied upon by the Governor.

The top court said the Governor had no objective material to doubt the confidence of the Maha Vikas Aghadi government and to call for a floor test.

The bench noted that Devendra Fadanvis and independent MLAs also didn't move a no confidence motion and the Governor's exercise of discretion was not in accordance with the law.

The bench said neither the Constitution nor the law empowers the Governor to enter the political arena and play a role either in inter-party or intra-party disputes.

The apex court also referred the 2016 Nabam Rebia verdict by a five-judge constitution bench, which relates to the power of speaker on disqualification of MLAs, to a larger bench of seven judges.

The court pronounced its judgment on the political crisis in Maharashtra in connection with the rebellion by Shiv Sena leader Eknath Shinde and other MLAs, leading to the fall of Maha Vikas Aghadi government led by Uddhav Thackeray.

(With inputs from agencies)

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