Governor’s step was wrong, says SC, refuses to restore Uddhav government

NationalGovernor’s step was wrong, says SC, refuses to restore Uddhav government


Speaker’s decision to appoint Chief Whip was also illegal, says apex court

New Delhi: A five-judge bench of the Supreme Court said on Thursday that the former governor of Maharashtra was not justified in calling upon then chief minister Uddhav Thackeray to prove majority in the assembly on June 30 last year.

The apex court, however, refused to restore the status quo ante, saying Thackeray did not face floor test and resigned.

Since Thackeray had resigned without facing a floor test, the governor was justified in inviting Shinde to form government, the apex court said.

The five-judge constitution bench led by Chief Justice DY Chandrachud delivered the verdict after hearing a batch of petitions related to the political crisis that caused the fall of Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray.

The MVA comprises the Thackeray-led Shiv Sena (UBT), the NCP and the Congress.

The top court also held the appointment of Bharat Gogawale of Shinde faction as the whip of the Shiv Sena as “illegal.”

The bench also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha said, “The Governor was not justified in calling upon Thackeray to prove his majority on the floor of the House, because he did not have reasons based on objective material before to reach the conclusion that Thackeray had lost the confidence of the House.

The top court sent the case to a larger bench of seven judges.

Immediately after the judgment was delivered, former chief minister Uddhav Thackeray held a press conference in Mumbai and said that the Eknath Shinde government had no moral right to stay in power anymore.

Shinde should immediately resign has he (Uddhav) did, Thackeray said.

The Election Commission declared the Shinde faction as the real Shiv Sena and allotted its bow and arrow symbol to the Shinde Group.

According to Rajya Sabha member of Shiv Sena (UBT) Sanjay Raut, the Shinde-led government would fall if the 16 legislators, who made a flight from the party to topple the MVA government, were disqualified the government would fall.

ED summons NCP state unit president

The ED summoned NCP president Jayant Patil in connection with a money laundering case on Thursday.

Nevertheless, Maharashtra minister Uday Samant said it was merely a coincidence that ED had summoned Patil ahead of the SC verdict on litigation related to the 2022 political development in the state.

Patil’s case is related to financial irregularities in Infrastructure Leasing and Financial Services Limited (IL&FS), official sources said, adding that he will be questioned on Friday.

The agency initiated fresh action in connection with the case of 2019. The sleuths of the agency search the Mumbai officer of Deloitte Haskins and Sells and BSR and Associates. It is an Indian affiliate of global accounting firm KPMG, two former auditors of IL&FS that filed for bankruptcy in 2018.

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