Lagatar24 Desk
New Delhi, May 11: The Supreme Court ruled on Thursday that the governor of Maharashtra was wrong to demand that the previous chief minister, Uddhav Thackeray, demonstrate a majority in the Assembly on June 30 of last year, but declined to order status quo ante, claiming that Thackeray had failed the floor test and resigned.
However, it asserted that the governor was correct in calling Shinde to form government at the behest of the BJP, which was the largest political party in the House and since Thackeray had resigned without taking the floor test.
A five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud further stated that it was “illegal” for the Speaker to designate Bharat Gogawale as the Eknath Shinde group’s whip. According to the court, the whip must be appointed by a political party.
“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.
“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.
