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Supreme Court verdict on Maharashtra
May 15 , 2023
484 days
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- The Supreme Court made strong observations about the role of the then Governor of Maharashtra and the Speaker of the Legislative Assembly.
- Rival groups of Shiv Sena – the Eknath Shinde group and the Uddhav Thackeray group – petitioned the SC last year in relation to the political crisis in the state.
- The Shinde group’s plea also challenged the disqualification notices served on him and 15 MLAs supporting him.
- It held that, it cannot restore the then Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray as he resigned without facing the floor test in June last year.
- Floor test cannot be used as a medium to solve intra-party disputes.
- Governor is not entitled to enter the political arena and play a role in intra-party to inter-party disputes.
- The court said that the Speaker must recognise only the whip and leader who are duly recognised by the political party.
- The court also refused to interfere in the proceedings related to disqualifying 16 MLAs, including now Chief Minister Eknath Shinde.
- The court also said that Governor was right in inviting Shinde to form the new government as Thackeray had resigned before the floor test.
- The court also refused to invalidate the election of the Speaker just because some of the participating MLAs faced disqualification proceedings.
- The court held that the whip on voting represents the will of the party and not its legislators.
- It’s the party that appoints its whip and the house leader.
- The most important conclusion is that a political party is superior to its legislative wing.
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