'Injustice to Thackeray has not been undone': Experts on relief to Eknath Shinde govt

Constitutional expert and senior Supreme Court (SC) lawyer Satya Prakash Singh on Thursday said that the court's directive was to maintain the status quo on the Eknath Shinde-led Maharashtra government.

New Delhi: With the Supreme Court on Thursday ruling that it cannot restore Uddhav Thackeray as Maharashtra chief minister, legal experts said the ball was now in the court of the Speaker of the Maharashtra Assembly.

Constitutional expert and senior Supreme Court lawyer Satya Prakash Singh told ETV Bharat that the apex court's directive was to maintain the status quo on the Eknath Shinde-led Maharashtra government. "The Supreme Court saved the functioning of the government of Maharashtra led by Eknath Shinde. The court also made it clear that as Uddhav Thackeray himself tendered his resignation, so he has no claim on agitating the issue before the Supreme Court," Singh said.

He said that till the matter was decided by the larger bench the status quo will remain. "Neither Uddhav Thackeray group can make any claim so far functioning of the government is concerned. Rather the present government led by Eknath Shinde will continue," said Singh.

"Whip of the party was a very important element. The crux of the Supreme Court judgment was the whip and the methodology exercised for counting the majority, which was not perfect. But the Supreme Court did not disturb the Shinde government because the matter was referred to a larger constitutional bench," Singh said.

Unfair, says former CEC

Reacting to the Supreme Court ruling, former Chief Election Commissioner (CEC) Dr. S.Y. Quraishi said: "The Supreme Court in its judgment has highlighted that the Governor's actions were illegal. Thus everything that happened because of the Governor's illegal and unconstitutional order must have been undone”.

He further said that "Eknath Shinde continues to be the beneficiary while the victim (Uddhav Thackeray) continues to remain a victim. This seems unfair." "When Thackeray challenged the order of the Governor calling the meeting for a no-confidence and asking for it to be stayed, the apex court denied it. Now the same action of the governor had been declared illegal and unconstitutional. The resultant consequence of injustice to Thackeray has not been undone", opined the former CEC.

Refusing to restore the Uddhav Thackery government contending the fact that the former CM did not face the floor test, the SC in its observation lashed out at the Governor for his decision to call for the trust vote that ultimately triggered Uddhav Thackeray’s resignation and noted that he had no reason to conclude that the Sena chief had lost the confidence of the House.

All eyes on the speaker

Justice S C Dharmadhikari, a retired judge of the Bombay High Court, said the issue was purely a political battle, and it should not have been taken to the court in the first place. "The decision on disqualification lies with the Speaker, but the Supreme Court has not specified any time period within which the decision must be taken," he was quoted as saying by news agency PTI.

The Shinde-led government, which includes defectors, will continue, Justice Dharmadhikari said. "This (political developments of June-July 2022) is a blot on Maharashtra. The state's political future is bleak and polluted. Political morality took a beating. Maharashtra has had a history of clean and non-polluted politics. The Supreme Court's verdict will have pan-India repercussions," he said.

"You (MLAs of the Shinde's faction of the Shiv Sena) walk out of the original party. Go to Goa and Guwahati and then merge with (join hands with) another political party. This is clearly an act of defection," Justice Dharmadhikari added. Senior counsel Milind Sathe too echoed the view that all eyes will now be on Speaker Rahul Narwekar.

The Supreme Court has already held that the whip of the original Shiv Sena party was valid and legal. So, now the Speaker must decide on the disqualification issue on merits, he said. Thackeray should not have resigned following Shinde's rebellion, the senior lawyer further said.