Minutes after the Supreme Court verdict on May 11, Chief Minister Eknath Shinde (Shiv Sena) and Deputy Chief Minister Devendra Fadnavis (BJP) interacted with the media and showed their satisfaction over the verdict.
The Supreme Court verdict refuses to restore the earlier Maha Vikas Aghadi (MVA) Government led by former CM Uddhav Thackeray.
The five-judge Constitution Bench said that the former CM resigned without facing the floor test and that the court cannot reverse a voluntary resignation.
The Deputy CM said, “This is a victory for democracy and the democratic process. We are satisfied with the verdict given by the Supreme Court”.
He added, “those who were speculating that this government will collapse today have been silenced (by the verdict)”.
The Deputy CM offered a rebuttal to Thackeray remarks that both he and CM Shinde should resign, “it doesn’t suit Uddhav Thackeray to talk about morality. I want to ask him if had he forgotten his morals when he went with NCP & Congress for CM post. He had not resigned on moral grounds but due to fear after people who were with him left him”.
Chief Minister Eknath Shinde, while responding to Thackeray’s remarks about morality, said, “the former Chief Minister resigned, they had an idea that they don’t have the numbers with them. Now they are talking about morals”. He added, “our government was formed in majority. That’s why Uddhav Thackeray had no other option but to resign”.
Fadnavis also responded to the comment of the Shiv Sena (UBT) chief that his Government is illegitimate, “Today, Maha Vikas Aghadi’s (MVA) conspiracy has been defeated. Now, no one should doubt that the Maharashtra government is completely legal”.
Supreme Court’s Verdict
In a five-judge Constitution Bench, the Chief Justice of India (CJI) DY Chandrachud said, “Status quo ante cannot be restored as Mr. Thackeray did not face the floor test and tendered his resignation. Hence the Governor was justified in administering oath to Mr. Shinde with the support of the largest party BJP”.
Furthermore, the Constitution Bench has referred the Nabam Rebia decision to a larger bench concerning the legal question of whether a Speaker facing a disqualification notice can proceed and decide a disqualification petition against MLAs under the Tenth Schedule.
The CJI said that whether a notice to remove of Speaker will restrict the powers of the Speaker to issue disqualification notices needs examination by a larger bench. The CJI also added that the Nabam Rebia case did not strictly arise in the present case, and the Court decided the merits of the present case.
Uddhav Thackeray announced his resignation as the Chief Minister and as an MLC through social media on June 29, 2022, after the Supreme Court declined to stay the Floor Test on the same day, claiming it was the only way to settle these issues of democracy.
