In a significant ruling on Thursday, the Supreme Court declared that Uddhav Thackeray, the former Chief Minister of Maharashtra, cannot be reinstated to his position. The court stated that although Thackeray had resigned from his post, the floor test that led to the toppling of his government was also deemed illegal. The Governor of Maharashtra, BS Koshyari, had erroneously concluded that Thackeray had lost the majority in the House, according to the Supreme Court’s judgment. Furthermore, the court emphasized that the floor test should not be utilized as a means to resolve internal or inter-party conflicts.
The Supreme Court further observed that Devendra Fadnavis and the independent MLAs did not initiate a no-confidence motion, and the Governor’s exercise of discretion was deemed unlawful. Had these procedural aspects been followed correctly, the court noted, Uddhav Thackeray could have potentially remained the Chief Minister.
Interestingly, the Supreme Court also addressed the issue of determining the legitimate Shiv Sena. According to their ruling, this responsibility lies with the Speaker and the Election Commission. Additionally, the question of disqualification will also be assessed and decided by the Speaker.
The ruling by the Supreme Court brings into question the legality and procedural validity of the events leading to the change in leadership in Maharashtra. It highlights the significance of adhering to proper parliamentary procedures and constitutional obligations in cases involving changes in government. The court’s decision emphasizes that floor tests should not be employed as a tool to resolve internal party disputes, as their purpose is to determine the majority in the legislative assembly.
This ruling has broader implications for political stability and the functioning of democratic institutions. It underscores the importance of upholding constitutional principles and ensuring that decisions are made in accordance with the law. By emphasizing the role of the Speaker and the Election Commission in determining party legitimacy, the court aims to establish a fair and impartial process for resolving such matters.
The Supreme Court’s verdict on the Maharashtra political crisis serves as a reminder to all stakeholders involved in governance to uphold the rule of law and adhere to constitutional processes. It sets a precedent for future cases, emphasizing the need for transparency, accountability, and respect for democratic principles. As the matter now lies in the hands of the Speaker and the Election Commission, their decisions will be crucial in determining the resolution of this complex situation and establishing the legitimate leadership within the Shiv Sena party.