What SC pointed out in Sena vs Sena case: 10 points

The Supreme Court pointed out that the Governor erred in his judgement, the appointments of the Speaker was 'illegal', yet Eknath Shinde government faces no threat as of now owing to a misstep by former Chief Minister Uddhav Thackeray.

New Delhi: The Supreme Court in its verdict on Thursday offered relief for the Eknath Shinde government of the Shiv Sena. The Supreme Court said Shinde government faces no constitutional threat as of now. The apex court also observed that the appointment of the Speaker by the Eknath Shinde camp was illegal as it did not abide by the whip issued by the party and added that Uddhav faction can also further appeal to a larger bench.

1. The apex court said that the House speaker's decision to appoint Bharat Gogawale of the Shinde faction as the whip of Shiv Sena was "illegal". This was because the Speaker did not abide by the whip issued by the party.
2. The court maintained that the Governor was not justified in calling for a 'floor test'. He did not have reasons based on 'objective material' to reach such a conclusion.
3. However, the Uddhav Thackeray government cannot be restored. This was because Thackeray tendered his resignation before facing the floor test.
4. Hence, the governor was justified in inviting Shinde to form the government. This was done at the behest of the BJP, the largest political party in the house.
5. The top court referred the 2016 Nabam Rebia verdict by a five-judge constitution bench to a larger seven-judge bench. The bench stated that the Speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending.
6. Earlier, during the hearing the Chief Justice of India DY Chandrachud wondered how to reinstate the Thackeray government even if it finds fault on the Governor's decision to call for a floor test.
7. CJI Chandrachud also questioned what suddenly prompted the Governor to call for a floor test and whether he had examined why so many party members from the ruling party arrived at such a step after enjoying the 'fruits of power' for three years.
8. In August last year, a three-judge bench of the Supreme Court had referred the matter to a five-judge Constitution bench. The five-judge bench of the Supreme Court led by Chief Justice DY Chandrachud read out the verdict on Thursday by clustering eight petitions filed by both the Sena factions on the issue.
9. Former Maharashtra Chief Minister Uddhav Thackeray approached the top court after his colleague turned rival Eknath Shinde orchestrated a coup by splitting the Shiv Sena and forming a government on his own with the active support of the BJP.
10. Earlier in February, the Uddhav faction of the Shiv Sena suffered a blow when the Election Commission awarded the Shiv Sena party name and its bow-and-arrow symbol to the Shinde faction. Thackeray was given the name Shiv Sena Uddhav Balasaheb Thackeray. The flaming torch was allotted as the election symbol for the smaller Uddhav faction.