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Shiv Sena News LIVE Updates: In a big relief for Chief Minister Eknath Shinde, the Supreme Court on Thursday refused to interfere with the formation of the Shiv Sena government with the support of BJP, as Uddhav Thackeray resigned without facing a floor test.
“Status quo ante cannot be restored as Thackeray did not face the floor test and tendered his resignation. Hence the Governor was justified in administering the oath to Shinde with the support of the largest party BJP,” said Chief Justice DY Chandrachud while delivering a verdict on pleas related to the Maharashtra political Read More
Key Events
Key EventsMaharashtra Chief Minister Eknath Shinde hailed the Supreme Court’s verdict and called it a ‘victory of truth’. “This is the victory of truth. In a democracy, the majority is important. Nobody is above the law. We formed the government within the framework of the law. It was a government of a majority. Supreme Court has ratified it today,” Shinde said while addressing a news conference at Sahyadri, Mumbai.
Reacting to Supreme Court’s observation that had Uddhav Thackeray not resigned, it could have restored the staus quo, the former Maharashtra CM said he resigned voluntarily on moral grounds. He also accused the rebel MLAS of betraying Shiv Sena and late Balasaheb Thackeray’s legacy.
“They (now Shinde faction MLAs) betrayed my party and the legacy of my father. My resignation as the CM then may have been wrong legally, but I did it on moral grounds,” news agency ANI quoted Thackeray as saying.
Reacting to Supreme Court’s observation that it would have restored the staus quo had Uddhav Thackeray not resigned and faced the floor test, the former Maharashtra CM said his fight was for the people, the state and the country, not for himself. “I am not fighting for myself. I am fighting for the people, the state and the country,” he said.
#WATCH | Uddhav Thackeray speaks on the Supreme Court decision stating that then Maharashtra Governor BS Koshyari’s decision for the Floor test was wrong and that the court cannot restore his government as he had resigned and had not faced the Floor test pic.twitter.com/Jl7KqvqYsW
— ANI (@ANI) May 11, 2023
Reacting to the Supreme Court’s verdict today, former Maharashtra CM Uddhav Thackeray said if Eknath Shinde and Devendra Shinde have any morality left, they should resign. A Supreme Court bench led by CJI DY Chandrachud observed that although the Maharashtra Governor was not justified to call the MVA government for a floor test in the Assembly, the court cannot restore the status quo since Uddhav Thackeray had voluntarily resigned without facing the floor test.
Abhishek Manu Singhvi, who represented the Uddhav Thackeray side in Supreme Court in the Maharashtra political crisis case stated that the Shinde-led Sena-BJP government has no legal or moral right to continue. Singhvi referred to the top court’s judgement stating the appointment of Bharat Gogawale (Shinde faction) as chief whip was illegal.
“What moral and legal right does this government has to continue for even a minute more when there are findings against the Governor, Speaker and the recognition of the Whip?” news agency ANI quoted Singhvi as saying.
The Supreme Court declined to restore the status quo in Maharashtra, in a blow to former Chief Minister Uddhav Thackeray. However, the court did observe that the actions of the Governor were not in accordance with the rule of law. READ MORE
Abhishek Manu Singhvi, who represented the Uddhav Thackeray side in Supreme Court in Maharashtra political crisis case, stressed that the Speaker should disqualify the 16 rebel MLAS. The SC, while pronouncing the verdict, asked the Speaker to decide the disqualification proceedings of the 16 MLAs (Shinde faction).
“The Speaker has to give a decision on the disqualification petitions in a time-bound manner. The Speaker should disqualify the MLAs. Only by doing this justice will be served,” news agency ANI quoted Singhvi as saying.
Reacting to the Supreme Court’s judgement stating that the appointment of Bharat Gogawale (Shinde faction) as chief whip was illegal, AAP leader Sanjay Singh said the Shinde-led Shiv Sena-BJP government in Maharashtra should resign immediately on the basis of morality.
“The appointment of Chief Whip in Maharashtra is a wrong decision taken by him. On the basis of morality, the Shinde government should resign immediately,” tweeted the AAP leader.
महाराष्ट्र में चीफ़ व्हिप की नियुक्ति ग़लत तो उसके द्वारा लिया गया फ़ैसला।नैतिकता के आधार पर शिंदे सरकार को तुरंत इस्तीफ़ा देना चाहिये।
— Sanjay Singh AAP (@SanjayAzadSln) May 11, 2023
Shiv Sena (Shinde faction) leader Rahul Ramesh Shewale welcomed the Supreme Court verdict and said the state will now get a stable government. “This is a big relief to the Shinde government in Maharashtra. Now the State will get a stable government. We welcome Supreme Court’s decision,” Shewale was quoted as saying by news agency ANI.
After the Supreme Court’s verdict granting relief to the Shinde-led Shiv Sena-BJP government in Maharashtra, CM Eknath Shinde and his Deputy Devendra Fadnavis are set to hold a news conference at 2 pm at Sahyadri, Mumbai.
Maharashtra Education Minister Deepak Kesarkar Welcomes the Supreme Court verdict and said that the question of whether the Maharashtra government will be stable has been answered by the Supreme Court. In a relief to Eknath Shinde, the Supreme Court in its judgement said it cannot restore the status quo since Uddhav Thackeray had resigned.
The top court, however, stated that the appointment of Bharat Gogawale (Shinde faction) as chief whip was illegal. The SC further asked the Speaker to decide the disqualification proceedings of 16 MLAs.
After the Supreme Court’s verdict stating although the Maharashtra Governor was not justified to call the MVA government for a floor test in the Assembly, the court cannot restore the status quo since Uddhav Thackeray had resigned, the NCP accused the Governor, Bhagat Singh Koshyari of acting as BJP cadre.
“So the truth is, Ex governor of Maharashtra Bhagat Singh Koshyari acted as a BJP cadre and not as a bearer of a constitutional position whose role is to be a neutral guardian of the state,” tweeted NCP leader Clyde Crasto.
So the truth is, Ex governor of Maharashtra Bhagat Singh Koshyari acted as a BJP cadre and not as a bearer of a constitutional position whose role is to be a neutral guardian of the state.
— Clyde Crasto – क्लाईड क्रास्टो (@Clyde_Crasto) May 11, 2023
A Supreme Court bench led by CJI DY Chandrachud observed that although the Maharashtra Governor was not justified to call the MVA government for a floor test in the Assembly, the court cannot restore the status quo since Uddhav Thackeray had voluntarily resigned. The SC verdict comes as a relief for the Shinde-led Sena-BJP government in Maharashtra.
The Supreme Court, while pronouncing judgement on a petition seeking disqualification of 16 Shiv Sena MLAs (Shinde faction), observed that this is extraordinary circumstance that warrants the court to decide the proceedings in the matter. The SC further asked the Speaker to decide the disqualification proceedings.
A Supreme Court bench led by CJI DY Chandrachud observed that although the Maharashtra Governor was not justified to call the MVA government for a floor test in the Assembly, the court cannot restore the status quo since Uddhav Thackeray had resigned.
#SupremeCourt holds that it cannot order the restoration of #UddhavThackeray govt as he resigned without facing floor test; SC referred the #ShivSena MLA Disqualification case to a large bench#MaharashtraPolitics #EknathShinde pic.twitter.com/AQNLtSW4Cz
— News18 (@CNNnews18) May 11, 2023
While pronouncing the verdict on a batch of cross-petitions filed by Uddhav Thackeray and Eknath Shinde factions, a SC bench led by CJI DY Chandrachud said the Governor was not justified to call the MVA government for a floor test in the Assembly. “The Governor’s actions were not according to the rule of law,” the CJI said.
The Supreme Court further observed that Uddhav Thackeray’s resignation was a mistake. The bench led by CJI added that had Thackeray not resigned, the court would have restored the status quo. “Status quo cannot be restored since Thackeray resigned,” the bench added.
“Floor test cannot be used for resolution of an intra-party dispute,” CJI DY Chandrachud said while pronouncing the verdict, adding that that the Maharashtra Governor had no objective material to doubt the confidence of the MVA government and call for a floor test. “The Governor’s actions were not according to the rule of law,” the CJI further said.
#SC holds Maharashtra Governor didn’t exercise his discretion according to the law while ordering the floor test; it says that the Governor had no objective material to doubt the confidence of the #MVA govt and call for a floor test#UddhavThackeray #EknathShinde pic.twitter.com/HFn4zVb7Ji
— News18 (@CNNnews18) May 11, 2023
“The speaker on taking cognisance of the statement by Eknath Shinde did not undertake to identify who was the whip. He should have undertaken an enquiry. The decision to appoint Bharat Gogawale as chief whip was Illegal since whip can be appointed only by the legislative political party,” the Supreme Court said while pronouncing the judgement.
“The house of people or legislative assemblies of states is elected by the people and coalition is formed if no single party crosses the halfway mark. To hold that it is a legislature party which appoints the whip would be to severe the umbilical cord with the political party. It means group of MLAs can disconnect from the political party. Whip be appointed by PP is crucial for the 10th schedule,” CJI DY Chandrachud said, adding that the State Assembly Speaker was aware of the split within the Shiv Sena.
CJI DY Chandrachud referred the matter to a larger bench and said, “Decision in Nebam Rabia cannot be accepted the order dated June 27 did not rely on Nebam Rabia. This court granted extension of time to file their written submission in view of the principles of natural justice. Decisions in Nebam Rabia merits reference to larger bench.”
CJI spoke in reference to the question whether the notice for removal of a Speaker restricts him from continuing with disqualification proceedings under the 10th Schedule of the Constitution, as held by this Court in Nebam Rebia judgment.
Supreme Court also held that it cannot order the restoration of the Uddhav Thackeray-led MVA government as the then Chief Minister resigned without facing the floor test.
However, the top court noted that the Governor’s decision for a floor test was wrong and Speaker was also wrong in appointing the whip of the Eknath Shinde group.
The Apex Court further referred the 2016 Nabam Rebia verdict on the power of the speaker on disqualification of MLAs to a larger bench.
Maharashtra assembly deputy speaker Narhari Zirwala was reportedly unreachable on Thursday morning (May 11), hours before a five-judge SC constitution bench’s verdict.
A report by TV9 Marathi stated that the phone of NCP’s Zirwala was switched off. He was reportedly not even in his village. However, his office later clarified that he is in Nashik’s Dindori and will speak after the judgment. Meanwhile, Assembly Speaker Rahul Narvekar left for the UK early in the morning.
The Maharashtra political crisis had led to the fall of the three-party MVA government led by Uddhav Thackeray following a revolt by chief minister Eknath Shinde in June 2022.
The 16 rebel MLAs are CM Shinde, Sanjay Shirsat, Bharat Gogawale, Sandipan Bhumre, Tanaji Sawant, Abdul Sattar, Lata Sonawane, Yamini Jadhav, Prakash Surve, Anil Babar, Balaji Kinnikar, Mahesh Shinde, Chimanrao Patil, Ramesh Bornare, Sanjay Raimulkar and Balaji Kalyankar.
On Wednesday, when reporters asked Shinde’s deputy Devendra Fadnavis if the chief minister will step down from his post in the event of an adverse ruling regarding the disqualification of 16 MLAs of his camp, the Bharatiya Janata Party leader said this discussion has no meaning.
“I am sorry to use the word but it is an arena of idiots. I am telling you that Eknath Shinde will remain the chief minister and we will contest the next elections under his leadership. Why would Shinde submit his resignation? There is no need to indulge in any kind of speculation. What mistakes he had made?” Fadnavis asked.
Meanwhile, Maharashtra assembly speaker Rahul Narvekar left for the United Kingdom early on Thursday morning. Speaking to News18, he expressed confidence that the judiciary will not impinge upon the rights of the legislature.
Narvekar’s statement came as deputy speaker Narhari Zirwala claimed that since he was at the helm during the 2022 Maharashtra political crisis, he will likely decide on the matter. “My UK trip was preplanned. Will take appropriate action after returning from abroad,” he said.
Maharashtra assembly deputy speaker Narhari Zirwal had last year sent a notice to the 16 Shiv Sena MLAs who went to Surat and fled to Guwahati with Eknath Shinde. The matter then reached the Supreme Court as the Shinde-led faction refused to come to the negotiating table.
Lawyers of the Shinde and Uddhav Thackeray camps argued in the top court regarding the disqualification of the 16 MLAs.
The Uddhav Thackeray group blamed Eknath Shinde and the BJP for engineering a coup and challenged them to face a fresh election. On the other hand, the Shinde group rejected this claim. The lawyers of the Shinde group claimed that they did not do anything “anti-party”, but they were the “real Shiv Sena”. And thus behan the battle for Shiv Sena’s election symbol and the legacy of Bal Thackeray.
Later in October, the Election Commission froze the bow and arrow symbol of Shiv Sena. For the Andheri (East) Assembly bypoll, held a month later, Uddhav Thackeray’s faction was allotted flaming torch (mashal) and the name Shiv Sena — Uddhav Balasaheb Thackeray. The Shinde camp received the name Balasahebanchi Shiv Sena and two swords-and-shield symbol.