‘Governor using his office…’, Supreme Court’s important observation in Shinde vs Uddhav Thackeray case

SC On Uddhav vs Shinde Case: On Wednesday (March 15) in the Eknath Shinde vs Uddhav Thackeray case, the Supreme Court made an important comment. The apex court said that the governor should keep in mind that asking to prove majority merely on the basis of difference of opinion among the legislators in the ruling party can lead to the dismissal of an elected government. The court said that the governor cannot allow his office to be used for this result.

“It will be a shameful spectacle for democracy,” said a five-judge Constitution Bench headed by CJI DY Chandrachud. Eknath Shinde During the hearing on the petition filed regarding the political crisis that arose in Maharashtra in June 2022 after the rebellion led by.

‘The governor had many materials’

The bench made this remark after the presence of Solicitor General Tushar Mehta on behalf of the Governor of Maharashtra. Mehta narrated the sequence of events. He said that at that time the governor had many types of materials. Like the letter signed by 34 MLAs of Shiv Sena, the letter of independent MLAs withdrawing support from the then Chief Minister Uddhav Thackeray-led government is included.

He also said in the court that the leader of the opposition had demanded to prove his majority in the House. The then Governor of Maharashtra Bhagat Singh Koshyari then asked Thackeray to prove his majority in the House. Thackeray, however, resigned before the House could vote on the majority resolution, paving the way for Shinde to take oath as the new chief minister.

What did the SC bench say?

The bench said that in this case the letter of the Leader of the Opposition does not matter as he will always say that the government has lost majority or the MLAs are angry. In this case, the letter threatening the lives of the MLAs is also not relevant. The court said, “The only thing is the resolution of 34 MLAs which shows that there is dissension in the party cadre and MLAs… Is it enough to ask for majority proof?” However, we can say that Uddhav Thackeray was defeated in numbers.

The court said, “The basis of vote among the MLAs of the party could be anything like payment of development fund, deviating from the ideals of the party, but can this ground be sufficient to ask the governor to prove majority in the house? The Governor should not be allowed to use his office for a particular result. Asking to prove majority can lead to dismissal of the elected government.” The bench comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.

In fact, the ongoing hearing in the constitution bench of SC on the Shinde vs Uddhav dispute of Maharashtra has not been completed even today. The hearing will be completed tomorrow i.e. on the 9th day. Today, the SC raised the question that if the MLAs of the Shinde camp had objections to Uddhav’s alliance with the Congress-NCP, then why did he stay with the government for 3 years?

Read this also: Uddhav Vs Shinde: Another blow to Uddhav Thackeray, former health minister and close leader join Shinde faction


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