Eknath Shinde to remain Maharashtra CM: The Supreme Court verdict on Sena vs Sena tussle explained

In a significant verdict today (11 May), the Supreme Court ruled that the then Maharashtra governor Bhagat Singh Koshyari’s decision asking the Uddhav Thackeray government for a floor test was “wrong”. However, it court said it cannot restore the Maha Vikas Aghadi (MVA) government as Thackeray resigned last year from the chief minister post without facing the floor test in the Assembly.

“Had Thackeray not resigned, this Court could have restored” his government, the apex court said.

As per LiveLaw, the apex court also announced Assembly Speaker Rahul Narwekar’s decision to appoint Bharat Gogawale, backed by the Shinde camp, as the whip of the Shiv Sena party was “illegal”.

The remarks come as the court was hearing a disqualification plea of 16 MLAs of Chief Minister Eknath Shinde-led Shiv Sena.

According to ANI, the top court has referred the disqualification petitions to the Maharashtra Assembly Speaker who has to take a call “within a reasonable time”.

Supreme Court says the Speaker must decide on disqualification petitions within a reasonable time.

Supreme Court further states that the status quo cannot be restored as Uddhav Thackeray did not face the Floor test and tendered his resignation. Hence, the Governor was justified… https://t.co/Zn81QefXMl

— ANI (@ANI) May 11, 2023

The Supreme Court verdict on Sena vs Sena tussle is expected to have wider repercussions. The case was heard by a five-judge Constitution Bench, comprising Chief Justice of India (CJI) DY Chandrachud and Justices M R Shah, Krishna Murari, Hima Kohli, and PS Narasimha.

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The apex court had concluded the hearing on a batch of pleas filed by both the warring Sena factions on 16 March and reserved its verdict.

What did the court say in today’s judgement, what is the Sena vs Sena battle case, and how will the verdict impact the Maharashtra government? We explain.

Supreme Court’s verdict

The Supreme Court questioned the governor for directing Thackeray to prove majority in the House following the rebellion by a group of Shiv Sena MLAs led by Shinde.

It said the governor “had no objective material to doubt the confidence of the MVA govt and call for a floor test. The resolution relied on by the government did not indicate that MLAs wanted to withdraw support”, reported LiveLaw.

In a significant statement, the five-judge bench observed: “Neither the Constitution nor the law empower the Governor to enter the political arena and play a role either in inter-party or intra-party disputes.”

CJI : Even if it is assumed that the MLAs wanted to exit the govt, they constituted only a faction.#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

— Live Law (@LiveLawIndia) May 11, 2023

“Governor erred in relying on the resolution of a faction of MLAs of Shiv Sena to conclude that Thackeray had lost support of the majority of MLAs”, the bench said in its verdict.

But as Thackeray resigned without facing a floor test, the governor was “justified in administering oath to Shinde with the support of the largest party BJP (Bharatiya Janata Party)", the top court added.

Shiv Sena vs Shiv Sena

It all started last June when the rebellion by Shinde and some other MLAs resulted in the collapse of the Thackeray-led MVA government in Maharashtra.

Thackeray’s Sena camp moved the apex court seeking the disqualification of 16 rebel MLAs including Shinde. These lawmakers were issued disqualification notices for failing to attend a party meeting convened by the then chief minister Thackeray despite the whip.

The Shinde group approached the top court challenging the disqualification notices. They also filed a plea against then Maharashtra deputy speaker Narhari Zirwal’s decision to recognise Ajay Choudhari as leader of the Shiv Sena Legislature Party (SSLP) in place of Shinde.

ALSO READ: In Shiv Sena vs Shiv Sena tussle, how Uddhav Thackeray is keeping up the fight

Meanwhile, the Thackeray camp also urged the apex court to set aside Koshyari’s order to Thackeray to take a floor test.

On 27 June 2022, the Supreme Court granted more time to Shinde to file responses to the disqualification notices. Later, the top court refused to stay the floor test called by the governor.

Thackeray resigned before the trust vote could be held on 30 June, leading to Shinde taking oath as the chief minister with BJP’s Devendra Fadnavis as his deputy.

On 3 July, BJP MLA Narwekar was elected the Assembly Speaker. The Shinde-Fadnavis government proved a majority on the floor by securing the vote of 164 out of the 288 MLAs.

The rival Sena factions accused each other of defying the party whip on 3 and 4 July, seeking disqualification of lawmakers from both sides, reported Indian Express. 

The Thackeray camp then moved the top court challenging the governor’s appointment of Shinde as chief minister and Narwekar’s decision to appoint the Shinde group’s candidate as the Shiv Sena’s chief whip.

What happens now?

For now, the Shinde government seems to be safe. As the apex court refused to interfere with the formation of the current Maharashtra government, it means that Shinde can continue as the chief minister of the state.

The disqualification petitions now lies with the Speaker. A senior BJP leader had told The Hindu ahead of the verdict, “If the matter is referred to the Speaker, it is highly likely that the composition of the government and the Chief Minister’s position would remain unchanged”.

Welcoming the verdict, Shinde and Fadnavis called it a “victory for democracy and the democratic process”.

“Today, MVA’s conspiracy has been defeated. Now, no one should doubt that the Maharashtra government is completely legal,” Fadnavis told reporters.

Today, Maha Vikas Aghadi's (MVA) conspiracy has been defeated. Now, no one should doubt that the Maharashtra government is completely legal: Maharashtra Deputy CM & BJP leader Devendra Fadnavis https://t.co/9Wyz3Iacyr

— ANI (@ANI) May 11, 2023

Reacting to the Supreme Court ruling, Shinde faction MP Rahul Ramesh Shewale told ANI: “This is a big relief to the Shinde government in Maharashtra. Now the State will get a stable government.”

Slamming Shinde after the verdict, Thackeray called the chief minister to leave the top post. “Eknath Shinde won after murdering democracy. He should resign as Chief Minister like I did,” Thackeray said at a press conference, as per NDTV. 

#WATCH | If the current Maharashtra CM and deputy CM have any ethics, then they should resign: Uddhav Thackeray #Maharashtra pic.twitter.com/wqNPrnG36F

— ANI (@ANI) May 11, 2023

“Supreme Court has said that the Shiv Sena Shinde group’s whip is illegal…The current government is illegal and formed against the Constitution,” Shiv Sena (Uddhav Balasaheb Thackeray) leader Sanjay Raut was quoted as saying by ANI.

With inputs from agencies

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