New Delhi: The Supreme Court Thursday held the Maharashtra governor was not justified in calling upon then chief minister Uddhav Thackeray to prove majority in the Assembly on June 30 last year but refused to order status quo ante, saying he did not face the floor test and resigned.
In a unanimous verdict on a batch of pleas related to the political crisis that led to the fall of the Maha Vikas Aghadi (MVA) government led by Thackeray following a revolt by the Eknath Shinde faction, a five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud held that House speaker's decision to appoint Bharat Gogawale of the Shinde faction as the whip of Shiv Sena was "illegal".
It, however, said since Thackeray had resigned without facing the floor test, the governor was justified in inviting Shinde to form government at the behest of the BJP which was the largest political party in the house.
"The governor was not justified in calling upon Thackeray to prove his majority on the floor of the House because he did not have reasons based on objective material before him to reach the conclusion that Thackeray had lost the confidence of the House," said the bench which also comprised Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.
"However, the status quo ante can't be restored because Thackeray did not face the floor test and tendered his resignation. The governor was, therefore, justified in inviting Shinde to form the government at the behest of the BJP which was the largest political party in the house," it said.
The top court also referred the 2016 Nabam Rebia verdict by a five-judge constitution bench, which relates to the power of speaker on disqualification of MLAs, to a larger bench of seven judges.
CHRONOLOGY
Following is the timeline of developments in the 2022 Maharashtra political row case, adjudicating which the Supreme Court on Thursday said Uddhav Thackeray can't be restored as CM as he had resigned without facing the floor test.
* June 27, 2022: In a relief to rebel Shiv Sena lawmakers, the Supreme Court keeps in abeyance the disqualification proceedings before the Deputy Speaker of the Maharashtra Assembly and seeks responses to pleas by rebel MLAs questioning the legality of notices seeking their disqualification.
* June 29, 2022: SC refuses to stay Maharashtra Governor's direction to the Uddhav Thackeray-led Maha Vikas Aghadi (MVA) government to take a floor test in the Assembly.
* July 11, 2022: SC asks newly elected Maharashtra Assembly Speaker Rahul Narwekar not to proceed with the plea seeking disqualification of Shiv Sena MLAs of the Uddhav Thackeray faction which was sought by Chief Minister Eknath Shinde camp on the ground of defying party whip during the election of the speaker.
* July 26, 2022: SC agrees to hear a fresh plea by Shiv Sena's Uddhav faction against Election Commission proceedings on a petition by the Maharashtra Chief Minister Eknath Shinde-led group for recognition as the real Shiv Sena.
* August 3, 2022: Uddhav Thackeray faction of the Shiv Sena tells SC that party MLAs loyal to Maharashtra Chief Minister Eknath Shinde can save themselves from disqualification under the 10th Schedule of the Constitution only by merging with another political party.
* August 4, 2022: SC asks Election Commission not to take any precipitate action on the Eknath Shinde faction's plea that it be considered the real Shiv Sena and granted the party's poll symbol.
* August 23, 2022: SC refers to a five-judge bench the petitions filed by the Shiv Sena and Maharashtra Chief Minister Eknath Shinde raising several constitutional questions related to defection, merger and disqualification.
* September 6, 2022: SC takes note of Eknath Shinde faction's claim about the Uddhav Thackeray camp stalling the proceedings before the poll panel where the former's application staking claim over Shiv Sena and its poll symbol is pending, and says it will consider listing its plea before a constitution bench.
* September 27, 2022: SC rejects the plea of the Uddhav Thackeray faction seeking to restrain the election commission from deciding the Shinde group's claim over the original” Shiv Sena.
* December 13, 2022: The Thackeray faction tells SC that it will seek reference of cases related to the Maharashtra political crisis to a seven-judge bench to have a relook at a 2016 judgment on powers of assembly speakers to deal with disqualification pleas.
* February 14, 2023: Thackeray faction urges SC to refer the cases related to the Maharashtra political crisis to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment on powers of assembly speakers to deal with disqualification pleas when prior notice seeking removal of the speaker is pending before the House.
* February 15, 2023: SC says the issues related to the Maharash tra political crisis, triggered by the differences in the Shiv Sena, are “tough” constitutional questions to decide as they have “very serious” ramifications for the polity.
* February 17, 2023: SC refuses to refer pleas related to the Maharashtra political crisis triggered by the division in Shiv Sena to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgement.
* February 20, 2023: Uddhav Thackeray camp approaches the SC challenging the decision of the Election Commission recognising the Eknath Shinde faction as the real Shiv Sena and ordering allocation of the 'bow and arrow' poll symbol to it.
* February 21, 2023: SC agrees to hear the Thackeray faction's plea challenging the decision of the Election Commission recognising the Eknath Shinde-led bloc as the real Shiv Sena and ordering allotment of the party's poll symbol to it.
* February 21, 2023: SC commences final hearing on batch of pleas filed by both Uddhav Thackeray and Shinde factions.
* March 16, 2023: SC reserves its verdict on a batch of cross-petitions of Uddhav Thackeray and CM Eknath Shinde factions pertaining to the Maharashtra political crisis.
* May 11, 2023: SC five-judge constitution bench delivers a unanimous verdict ruling that Eknath Shinde will continue as the Chief Minister of Maharashtra and refusing to restore the Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray as he had resigned without facing the floor test.
