The Constitution Bench of India said in its decision that the status quo could not be maintained, because then CM Uddhav had not faced the no-confidence motion. This is a big relief to the Shinde government in Maharashtra.
Contiution beench stated that Nabam rebia is referred to larger bench, MLA has right to participate in proceedings of the house, political party and not legislature party appoints the whip, direction to vote in a particular manner is issued by political party and not legislature party,
The governor was not justified in calling upon Mr Thackeray to prove majority in the floor so Status Quo cannot be restored as Mr Thackeray did not face the floor test and resigned. and thus governor was correct in calling the BJP to form the government.
The Detail finding of the Judgement are as follow:
In a unanimous verdict on a batch of pleas related to the political crisis that led to the fall of the Maha Vikas Aghadi (MVA) government led by Thackeray following a revolt by the Eknath Shinde faction, a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud held that the House speaker’s decision to appoint Bharat Gogawale of the Shinde faction as the whip of Shiv Sena was “illegal”.
It, however, said since Thackeray had resigned without facing the floor test, the governor was justified in inviting Shinde to form government at the behest of the BJP which was the largest political party in the house.
“The governor was not justified in calling upon Thackeray to prove his majority on the floor of the House because he did not have reasons based on objective material before him to reach the conclusion that Thackeray had lost the confidence of the House,” said the bench. which also comprised Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.
“However, the status quo ante can’t be restored because Thackeray did not face the floor test and tendered his resignation. The governor was, therefore, justified in inviting Shinde to form the government at the behest of the BJP which was the largest political party in the house,” it said.
The top court also referred the 2016 Nabam Rebia verdict by a five-judge constitution bench, which relates to the power of speaker on disqualification of MLAs, to a larger bench of seven judges.
