In June 2022, Eknath Shinde and 39 MLAs revolted against the ruling Shiv Sena, leading to a split in the party and the collapse of the Maha Vikas Aghadi government in Maharashtra Following the Supreme Court verdict on Eknath Shinde-BJP combine government in Maharashtra, Uddhav Thackeray said the chief minister and the deputy chief minister, Devendra Fadnavis, should resign on moral grounds like he did in June 2022.
The apex court on Thursday ruled that it could have reinstated Uddhav Thackeray -led government had he refrained from resigning as the Maharashtra CM following Eknath Shinde-led Shiv Sena lawmakers’ rebellion in June 2022.
"Just like how I resigned on ethics, Eknath Shinde, and this illegal government should also resign on the issue of morality,” Thackeray said after the verdict.
Addressing a press conference with Bihar Chief Minister Nitish Kumar, Thackeray said, "Those who have betrayed me were the ones subjecting me to tryst vote. How could I have allowed this".
In response to Thackeray calling for Shinde's resignation, Deputy CM Devendra Fadnavis said the Maharashtra government is constitutional and legal, there is no question of Shinde’s resignation.
In a joint press conference with CM Shinde after the SC verdict, Fadnavis said: "Thackeray said he resigned on moral grounds. I want to ask where was your moral ground when you betrayed BJP and joined hands with Congress, NCP.”
Earlier, Shiv Sena Rajya Sabha MP Priyanka Chaturvedi said after the SC ruling, the Governor of Maharashtra should not allow this unconstitutional and illegal government to function or take any important decisions.
What SC said in ruling on the Sena tussle
1. The apex court on Thursday said that former Chief Minister Uddhav Thackeray cannot be reinstated as the CM and status quo ante cannot be ordered by restoring the MVA government in Maharashtra as he did not face a floor test before resigning from his post.
2. The constitutional bench, led by Chief Justice of India D Y Chandrachud, said while it cannot interfere in the proceedings, the Speaker of the Maharashtra Assembly must decide on the issue of the disqualification of the 16 MLAs, including Shinde.
3. The bench held that by calling the floor test, the then Maharashtra governor Bhagat Singh Koshyari did not act in accordance with the law as he had no objective material to doubt the confidence of the Thackeray government in the House.
4. It added the Maharashtra governor had erred in relying on the resolution of a faction of MLAs of the Shiv Sena to conclude that Uddhav Thackeray had lost the support of the majority of the legislators in the Assembly.
5. The top court held the appointment of Bharat Gogawale as the Chief Whip of the Shiv Sena to be “illegal”.
6. The five-judge bench referred certain issues related to its 2016 judgment in the Nabam Rebia case to a larger bench.
7. The bench also added that the Maharashtra Assembly Speaker and the Election Commission of India can concurrently adjudicate the disqualification issues and the dispute related to the poll symbol of the Shiv Sena.