Supreme Court Comment on Eknath Shinde: The Supreme Court has made a key comment on Maharashtra Chief Minister Eknath Shinde. In its comment, the court said how it was possible for Shinde to become the CM.
First Published Mar 2, 2023, 5:58 AM IST
Supreme Court Comment on Eknath Shinde: The Supreme Court made a critical comment on Maharashtra Chief Minister Eknath Shinde. The Supreme Court said that if the Speaker had not been prevented from deciding on the pending disqualification petitions against 39 MLAs, it would have been possible for Eknath Shinde to take oath as the Chief Minister of Maharashtra. At the same time, the Shinde faction argued in the court that even if 39 MLAs were disqualified from the assembly, the Maha Vikas Aghadi (MVA) government would fall because it had lost its majority and the then Chief Minister Uddhav Thackeray had a majority. He resigned before the trial.
Thackeray group argument in Supreme Court
The Shiv Sena’s Uddhav Thackeray faction had earlier told the court that the formation of a new Eknath Shinde-led government in Maharashtra was a “direct, inevitable consequence” of two Supreme Court orders that established “co-equality” between the judiciary and the legislature. That the Speaker should not be allowed to decide the disqualification petitions pending on June 27, 2022. In these orders, the Thackeray faction asked the court to allow a vote of confidence in the June 29, 2022 order. The Supreme Court told the counsel for the Shinde faction
A five-judge constitution bench headed by Chief Justice DY Chandrachud told senior advocate Neeraj Kishan Kaul on behalf of the Shinde faction… “They (the Uddhav faction) are right to the extent that the Governor appointed Eknath Shinde as Chief Minister. Taking the oath on behalf of the MLAs, Shinde claimed that he was able to prove his majority as the Speaker could not disqualify the other MLAs. Advocate Kaul said Thackeray had resigned on June 29 knowing that his government did not have a majority, and in the majority test held on July 4 last year, his coalition got only 99 votes in the MVA (with 13 MVA MLAs absent).
Later, on July 4 last year, Shinde proved his majority in the state assembly with the support of MLAs from his faction, BJP and independents. In the 288-member house, 164 MLAs voted in favor of the confidence motion, while 99 voted against it. The hearing on this issue will continue on Thursday (March 2) as well.
Supreme Court questioned the Shinde sect
The Supreme Court on Tuesday (February 28) asked the Shinde-led faction whether it was indiscipline to go against the Shiv Sena’s wish to continue with the alliance in the Maha Vikas Aghadi (MVA). The Shinde faction maintains its position that the legislative party is an integral part of the real political party. He said that the party appointed two whips in June last year and he followed the orders of the whip who said that he did not want the alliance to continue in the state.
