Supreme Court: Governor erred by not allowing floor test; Thackeray govt can’t be restored.

The Supreme Court has ruled that it cannot order the restoration of Uddhav Thackeray’s government in Maharashtra since it resigned without facing a floor test. However, the court noted that the Governor’s decision for a floor test and the Speaker’s appointment of Eknath Shinde’s group whip were wrong. “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,” the court said. The apex court added that the Governor should not enter the political arena.

The Supreme Court heard the cross-petitions filed by the Uddhav Thackeray and Eknath Shinde factions of the Shiv Sena regarding the 2022 Maharashtra political crisis. A five-judge constitution bench headed by Chief Justice DY Chandrachud delivered its verdict on pleas related to the political crisis that led to the fall of the three-party Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray following a revolt by Shinde.

The Thackeray faction made vehement submissions before the court urging it to “turn back the clock” and restore the “status quo ante” as it had done in 2016 when it reinstalled Nabam Tuki as the chief minister of Arunachal Pradesh. The bench, also comprising Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha, declined this request.

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 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 patriarch Balasaheb Thackeray.