SC verdict on Maharashtra political row today

Tribune News Service

New Delhi, May 10

The Supreme Court will on Thursday pronounce its verdict on cross-petitions filed by rival Shiv Sena factions raising constitutional issues relating to the 2022 Maharashtra political crisis that led to the MVA government headed by Uddhav Thackeray being replaced by Eknath Shinde-led government.

At the height of the political crisis in Maharashtra, the top court had, on June 29, 2022, refused to stay the then Governor BS Koshyari’s direction to the Thackeray-led MVA government to take floor test. Instead of facing the House, Thackeray chose to resign, paving the way for the installation of the Shiv Sena-BJP government led by Shinde.

In a setback to the Thackeray faction, the EC had earlier this year declared the Shinde faction as the real Shiv Sena and allotted it the party’s “bow and arrow” symbol.

A five-judge Constitution Bench headed by Chief Justice of India DY Chandrachud will deliver its verdict on a range of issues, including the roles of Governor and Speaker and disqualification of MLAs under the anti-defection law i.e. the 10th Schedule of the Constitution.

The Supreme Court cause-list released on its website indicated that there would be a single verdict pronounced by CJI Chandrachud.

The Bench, which also included Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha, had reserved its verdict on March 16 after hearing arguments from both sides for nine days commencing on February 21.

During the hearing, the Bench had wondered as to how it could reinstate the MVA government when its CM Thackeray had put in his papers even before facing the floor test even as senior advocates Kapil Sibal and AM Singhvi urged the top court to quash the Governor's June 2022 direction to the then Chief Minister to face a trial of strength.

The Thackeray faction wanted the top court to "turn back the clock" and restore the "status quo ante" as it had done in 2016 when it reinstalled Nabam Tuki as the Chief Minister of Arunachal Pradesh.

The Bench had declined to refer a batch of pleas related to the Maharashtra political crisis triggered by a split in the Shiv Sena to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgement on Arunachal Pradesh.

The 2016 judgment dealt with powers of the assembly speaker and ruled that he/she cannot proceed with pleas for disqualification of MLAs if a prior notice seeking the speaker's removal is pending before the House. The Shinde camp was represented by senior advocates Harish Salve, Mahesh Jethmalani and NK Kaul while Solicitor General Tushar Mehta appeared for the Governor.

Feud between Thackeray, Shinde factions

• In June 2022, SC refused to stay then Governor BS Koshyari's direction to Thackeray-led MVA government to take floor test
• Instead of facing the House, Thackeray chose to resign, paving the way for the installation of the Shiv Sena-BJP government
• A five-judge Constitution Bench will deliver its verdict on issues, including roles of Governor, Speaker and disqualification of MLAs

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