Uddhav vs Shinde: Hearing on Shinde vs Uddhav dispute of Maharashtra completed, Supreme Court reserves decision

SC On Uddhav vs Shinde Case: The Supreme Court has completed the hearing on the Shinde vs Uddhav dispute of Maharashtra. A bench headed by Chief Justice DY Chandrachud heard the lawyers of both the parties and the Governor’s office for 9 days. During this, the Uddhav camp termed Shinde’s rebellion and the formation of his government as illegal. The Shinde camp, on the other hand, said that the governor was right in ordering a floor test after the split in the legislature party.

During the hearing, Solicitor General Tushar Mehta, appearing for the Governor’s office, said, "There was an internal difference in the Shiv Sena over forming a government with another alliance after contesting elections in one alliance. This became the reason for the split in the party." On this, the rest of the judges, including the Chief Justice, questioned that if the MLAs of Eknath Shinde’s party were angry after contesting elections with the BJP and forming the government with the Congress and the NCP, then why did they stay with the government for 3 years?

The court also raised the question that if the MLAs in Shiv Sena had rebelled against the leadership, then why did the governor intervene? Why did he order a floor test?

What’s the matter?

The question of the authority of the speaker

The first petition in the matter was filed by Eknath Shinde. In this petition, it was said that the notice of disqualification sent by the deputy speaker of the assembly to the MLAs of his faction is wrong. Shinde had said that since the resolution to remove the deputy speaker had already been sent, he could not initiate disqualification proceedings against the MLAs because of the Supreme Court’s decision in the Nabam Rebia case.

Uddhav’s resignation changed the situation

The Supreme Court had stopped him from taking a decision while talking about considering the authority of the Deputy Speaker. Meanwhile, the political developments kept changing continuously. The Governor asked Chief Minister Uddhav Thackeray to prove his majority in the House, but Uddhav refused before the majority test. resigned. After this, the governor gave Eknath Shinde a chance to form the government. Shinde proved his majority in the House with the support of his supporting MLAs and the BJP.

Key arguments of the Uddhav camp?

Senior advocates Abhishek Manu Singhvi, Kapil Sibal and Devdutt Kamat cross-examined on behalf of the Uddhav camp. The Uddhav camp said that the pro-Shinde MLAs defied the whip by not attending the meeting called by the party. Due to this, he became ineligible to continue as an MLA, but due to the intervention of the court, his membership remained.

Shinde faction’s answer

Shinde camp’s side was kept by Neeraj Kishan Kaul, Harish Salve, Maninder Singh and Mahesh Jethmalani. Shinde camp’s lawyers countered that Uddhav, who had lost the majority support of his party’s MLAs, was trying to stay in power illegally. Shinde was the leader of the legislative party. A meeting of the Legislature Party was called without his knowledge.

Only 16 out of 49 MLAs participated in it. Absence from this meeting cannot be a ground for disqualification. The majority of the MLAs had already changed the Chief Whip. The whip of a removed whip had no legal significance. Shinde side’s lawyer Neeraj Kishan Kaul also referred to the decision of the Bommai case. They said, "The Bommai judgment clearly states that even if there is a split in the party, the governor can direct a majority test."

What did the governor’s office say?

Solicitor General Tushar Mehta appeared for the Governor’s office. On behalf of the Governor’s office, it was said that it is the duty of the Governor under Article 175 (2) of the Constitution to ask for a floor test if the government’s majority is in doubt. That’s what he did. Had he not done so, the second step could have been to recommend President’s rule in the state under Article 356.

Status has changed

Since Shinde’s rebellion till now, the political situation in Maharashtra has changed a lot. At present, Shinde’s majority government is in Maharashtra with the support of the BJP. The Election Commission has also given a decision that Shinde’s Shiv Sena is the real Shiv Sena. Eknath Shinde The government can be in danger only if the constitution bench decides that Shinde and his MLAs were ineligible to be members of the assembly at the time they formed the government.

Read also: Uddhav vs Shinde: ‘Governor used his office…’, Supreme Court’s important comment in Shinde vs Uddhav Thackeray case

Leave a Comment

Scroll to Top