Uddhav vs Shinde: Supreme Court refers Sena row case to larger bench; temporary relief for Shinde-Fadnavis govt

The Supreme Court on Thursday referred the Sena split case to a larger bench. The court said that the 2016 Nabam Rebia case which held that Speaker cannot initiate disqualification proceedings when a resolution seeking their removal is pending requires reference to a larger bench.

Supreme Court also noted that issues such as whether a notice to the removal of the Speaker will restrict his power to issue disqualification notices need an examination by a larger bench.

Supreme Court's Constitution Bench verdict

The Supreme Court's Constitution Bench consisting of Chief Justice of India DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha pronounced its verdict regarding a set of petitions related to the Uddhav Thackeray-Eknath Shinde split in the Shiv Sena and the subsequent change of government in Maharashtra in 2022.

Supreme Court on Speaker appointing party whip

The court held that Speaker's decision to appoint Bharat Gogawale--who was backed by Shinde group--as the party whip was illegal. The Constitution Bench noted that the Speaker must only recognise the whip appointed by the political party/

Says Governor had no powers to play a role in party conflict

The court also said that Governor has not been granted powers either by law or the Constitution to enter political arena and play a role in either inter-party or intra-party disputes.

The court also held that Governor had no objective material which casted a doubt the confidence of the Maha Vikas Aghadi government and call for a floor test.

The resolution relied on by the government did not indicate that MLAs wanted to withdraw support. He also said that the Governor's action was not in accordance of the law.

Supreme Court says cannot give Uddhav relief since he voluntarily resigned

The court also held that it cannot order restoration of the Uddhav Thackeray government since he esigned without facing the floor test althouh the Governor's decision for the same was wrong and Speaker was wrong in appointing whip of Eknath Shinde group.

The SC refused to interfere with formation of Eknath Shinde's government with BJP support since Thackeray had voluntarily submitted his resignaion and the court noted it cannot "quash a resignation".

Published on: Thursday, May 11, 2023, 12:04 PM IST