Uddhav Thackeray Vs Eknath Shinde: SC to pronounce verdict on 2022 Maharashtra political crisis today
Uddhav Thackeray Vs Eknath Shinde: Ahead of the Supreme Court judgment that will decide the fate of the Eknath Shinde-led government in Maharashtra, Opposition bloc MVA on Wednesday said the verdict will determine if democracy “exists” in the country and judiciary “functions” independently.
Uddhav Thackeray Vs Eknath Shinde: The Supreme Court will pronounce its verdict on Thursday on a clutch of cross-petitions filed by the faction of Shiv Sena- led by Uddhav Thackeray and Eknath Shinde. The petitions are related to the 2022 Maharashtra political crisis which caused the toppling of the MVA government.
A five-judge constitution bench headed by Chief Justice DY Chandrachud will deliver its verdict on pleas related to the political crisis that led to the fall of the three-party MVA government led by Uddhav Thackeray following a revolt by Shinde.
As per the cause list published on the Supreme Court’s website, a single judgement will be pronounced by Justice Chandrachud. On March 16, the top court had reserved its verdict on the pleas at the conclusion of lengthy arguments from both sides that went on for nine days starting February 21.
On the last day of hearing, the top court had wondered as to how it can reinstate the Uddhav Thackeray government when the chief minister had put in his papers even before facing the floor test, after the faction led by him pitched for setting aside the governor’s June 2022 order to the CM for a trial of strength in the House.
The Thackeray faction made vehement submissions before the court urging it to “turn back the clock” and restore the “status quo ante” (previously existing state of affairs) as it had done in 2016 when it reinstalled Nabam Tuki as the chief minister of Arunachal Pradesh.
The bench, also comprises Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.
The Uddhav Thackeray faction was represented by senior advocates Kapil Sibal, AM Singhvi, Devadatt Kamat and advocate Amit Anand Tiwari, while the Shinde camp was represented by senior advocates Neeraj Kishan Kaul, Harish Salve, Mahesh Jethmalani and advocate Abhikalp Pratap Singh.
Solicitor General Tushar Mehta represented the office of the governor. On February 17, the top court had declined to refer a batch of pleas related to the Maharashtra political crisis triggered by a split in the Shiv Sena to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgement on Arunachal Pradesh.
The 2016 judgement dealt with powers of the assembly speaker and ruled that he/she cannot proceed with pleas for disqualification of MLAs if a prior notice seeking the speaker’s removal is pending before the House.
On June 29, 2022, at the height of the Maharashtra turmoil, the apex court had refused to stay the governor’s direction to the 31-month-old MVA government led by Thackeray to take a floor test.
Sensing defeat, Thackeray resigned, catapulting to power a Shiv Sena-BJP dispensation led by Shinde.
On August 23, 2022, a three-judge bench of the top court headed by then chief justice N V Ramana had formulated several questions of law and referred to the five-judge bench petitions filed by the two Sena factions which raised several constitutional questions related to defection, merger and disqualification.
In a blow to the Thackeray bloc, the Election Commission had earlier this year declared the Shinde faction as the real Shiv Sena and allotted it the bow and arrow symbol of the party founded by Balasaheb Thackeray.
MVA leader are hopeful
Ahead of the Supreme Court judgment that will decide the fate of the Eknath Shinde-led government in Maharashtra, Opposition bloc MVA on Wednesday said the verdict will determine if democracy “exists” in the country and judiciary “functions” independently.
On the other side, Shiv Sena spokesperson and party MLA Sanjay Shirsat asserted that there is no nervousness in their camp as they had factored in all aspects before revolting (last year).
“We have seen the results the Election Commission gave us the party name and symbol and we won the first stage,” Shirsat said.
What happened in June 2022
Last June, Shinde and 39 MLAs rebelled against the undivided Shiv Sena leadership resulting in the party’s split and collapse of the Uddhav Thackeray-led Maha Vikas Aghadi (MVA) government, which also comprised the NCP and Congress. Shinde later tied up with the BJP to return as the CM.
Shiv Sena (UBT) leader Aaditya Thackeray said he hoped that his party will get justice, asserting that he has faith in the judiciary.
His party colleague and Rajya Sabha MP Sanjay Raut said that the impending verdict will determine the future of the country.
“The Supreme Court judgment will decide whether there is democracy in the country, whether legislatures are functioning as per the Constitution, the judiciary is functioning independently.
We are hopeful that we will get justice. I am confident that the Supreme Court of the country is independent,” Raut told reporters.
Nationalist Congress Party (NCP) spokesperson Mahesh Tapase said the judgment will be crucial for Indian democracy and the Constitution. He hoped that the judgment would strengthen the Constitution.
Congress leader Ashok Chavan said whichever way the decision goes, it should be impartial.
“This is our expectation. Be it the speaker or deputy speaker, he does not belong to any party, but he is the custodian of the House. If the Supreme Court or the speaker takes the decision, it has to be an impartial one,” he said.
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