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In the Shiv Sena Vs Shiv Sena case, the constitution bench headed by CJI DY Chandrachud completed the hearing on Thursday and reserved the verdict. Uddhav Thackeray and Eknath Shinde faction gave their arguments for 9 days in front of a bench of 5 judges in the case.
During the hearing, the Supreme Court said that the Governor’s decision to call the trust vote was wrong. But Uddhav Thackeray had resigned before the floor test, so we cannot restore his government.
Things would have been different had floor test been given: SC
Abhishek Manu Singhvi, representing Uddhav Thackeray’s Shiv Sena, demanded the court to restore the Uddhav government. The Supreme Court expressed its helplessness on this. The court said that Uddhav had resigned even before attending the floor test. This means that he himself accepted defeat.
The CJI said that if the Uddhav faction had participated in the floor test, we could have done something if the Governor’s decision was found unconstitutional. Then we could have falsified the floor test. Now if we restore your government again, there will be constitutional problems.
In February, the Election Commission had given the name Shiv Sena and the symbol of bow and arrow to the Shinde faction.
Read the arguments of the Uddhav faction in the court-
- Kapil Sibal (counsel for Uddhav faction): The governor can only look into issues between parties-alliances. They cannot call any faction for majority.
- CJI: If a group of MLAs claim to withdraw support, can’t the Governor ask to check the strength of the House?
- Sibal: No, can’t do that after 10th schedule. I say that they could not ask for a vote of confidence on the basis of any faction.
- Justice Narasimha: This argument of yours can be dangerous at times. Often a leader runs in the party. Apart from him no one has any freedom. Sometimes the same family runs the party.
- Sibal: I am keeping my complaint. The problem is that we are going back to the era of defection.
- CJI: According to you, the Governor can call a floor test only if there is a party shift.
- Sibal: Absolutely.
- CJI: Suppose half the MLAs of the government say that we do not trust the government. By your logic, the governor cannot call a trust vote?
- Sibal: The governor cannot assume that the government is in the minority. They cannot encroach upon the functions of the Speaker. They cannot tell Shinde that they are making you the CM. The court should quash his order.
- CJI: You want us to reinstate the government? But you resigned.
- Abhishek Manu Singhvi (counsel for Uddhav faction): The resignation of the Uddhav government is irrelevant.
- Justice Shah: How can the court reinstate a CM who did not face the floor test?
- Singhvi: You are not reinstating anybody. Restoring your status quo.
- CJI: No, it would be a logical thing to do when you have lost faith in the floor test.
- Singhvi- The governor had called the floor test illegally. Their wrongdoing cannot be legitimized.
In June last year, Eknath Shinde had gone to Assam with rebel Shiv Sena MLAs.
Uddhav government fell in June last year
In fact, in June last year, 35 Shiv Sena MLAs rebelled in Maharashtra. Due to this, the Uddhav government was in trouble. The governor had asked Uddhav Thackeray to prove his majority after which Uddhav resigned. Then Eknath Shinde formed the government with the BJP.
Uddhav challenged this in the Supreme Court. Where the Thackeray group called the rebellion of the Shinde group and the formation of the government by them wrong. On the other hand, the Shinde faction said that the governor was right in ordering a floor test after the split in the legislature party. The court has reserved its decision in the matter.
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