Uddhav voluntarily resigned, cannot be reinstated as CM: SC

Constitution bench says floor test called by Koshyari illegal

geetanjali

Geetanjali Minhas | May 11, 2023 | Mumbai


#Maharashtra   #Uddhav Thackeray   #Shiv Sena   #Eknath Shinde   #Supreme Court  
Former Maharashtra chief minister Uddhav Thackeray
Former Maharashtra chief minister Uddhav Thackeray

In a unanimous verdict on a clutch of pleas relating to the political crisis that led to the fall of Maharashtra’s Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray following a revolt by the Eknath Shinde faction, the Supreme Court on Thursday said that Shiv Sena (UBT) leader Uddhav Thackeray  cannot be reinstated as chief minister as he voluntarily resigned from the post  without facing a floor test.

The court also said that former Maharashtra governor Bhagat Singh Koshyari’s decision to call for a floor test that toppled the MVA government was illegal. It held that the Koshyari’s decision without objective material to conclude that Thackeray had lost majority was wrong and not in accordance with the law.
 
“Status quo ante cannot be restored as Mr Thackeray did not face the floor test and resigned and thus the governor was correct in calling Eknath Shinde to form the government,” the court observed.

“Nothing shows members withdrew support and communication showed it disagreed with some policy decision of the Uddhav Thackeray government. Whether there would be deliberation or whether they (rebel MLAs) will merge with another party was unclear,” the court said as it underscored that the governor must use objective criteria and not subjective satisfaction.  

The SC further said the governor is not entitled to enter political arena and play a role in an intra-party or inter-party dispute and he could not have acted on the basis that some members want to leave Shiv Sena.   

The top court was hearing the issue of disqualification of 16 MLAs belonging to CM Shinde’s Sena. The 16 MLAs, including Shinde, were sent disqualification notices for not attending a party meeting convened by the then CM Uddhav Thackeray despite the whip which was issued.
The court also held  that Speakers decision to appoint Shinde group-backed Bharatshet Gogawale as the whip of Shiv Sena party was illegal.

The constitution bench of the chief justice of India, DY Chandrachud, and justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha referred to a larger bench the issue relating to speaker’s powers as laid down in the 2106 judgment in Nabam Rebia case. The court said that Nabam Rebia judgment did not decide on whether a speaker against whom a disqualification notice was pending could decide on disqualification petitions against MLAs.

The court held that the majority legislature party is not the competent body to appoint the party whip as that will amount to severing the umbilical cord of the legislature party with the political party. It ruled that appointment of Bharatshet Gogawale as the party whip in the house by the Shinde faction of Shiv Sena was illegal.

Speaking on the Supreme Court proceedings, Thackeray said that the assembly speaker should make a decision at the earliest. “As per the Supreme Court, now the speaker will have to consider our whip as it was appointed by the political party,” he said.
 
Welcoming the SC order, chief minister Eknath Shinde said, “This is the victory of people and democracy.”

Deputy CM Devendra Fadnavis said that all MVA schemes have failed. “All MLAs have right to participate in the House regardless of pendency of their petitions.”  

Maharashtra assembly speaker Rahul Narvekar said, “There was no clarity on Schedule 10 that whether a political party or legislature party can decide on the whip. Now that Hon'ble SC has given a clear interpretation we will accordingly decide. Earlier there was no clarity.”

Comments

 

Other News

₹5,000 crore saved from suspected financial fraud

In a significant gain for citizen protection in the digital economy, the Department of Telecommunications (DoT) has helped prevent suspected cyber fraud losses of more than ₹5,000 crore through its Financial Fraud Risk Indicator (FRI) within fifteen months of its launch on May 22, 2025. This money did

Capital acquisition proposals worth Rs 1.10 lakh crore for defence forces cleared

The Defence Acquisition Council (DAC), under the chairmanship of Raksha Mantri Rajnath Singh, on Monday accorded Acceptance of Necessity (AoN), that is, in-principle administrative approval to various acquisition proposals of the defence forces at an estimated cost of about Rs 1,10,000 crore.

How Rafi, Raj Kapoor helped pave the way for a great uranium deal

There`s a certain moment in diplomacy that`s too personal to be captured in a communiqué, too small to make the front page, but more revealing than the front page. This week, prime minister Narendra Modi reached Tashkent and, amid the pomp of state visits, managed to evoke the old Bollywood tunes

Distinguishing Fish 1 and Fish 2: The pragmatism behind India’s WTO ratification

 India became the 123rd WTO member to ratify the multilateral Agreement on Fisheries subsidies (AoFS) when it deposited the Instrument of Acceptance for Phase 1 on July 20, 2026. The ratification is restricted to disciplining Illegal, Unreported and Unregulated fishing (IUU), protection for overfished

The 7% growth problem: Why the next 7% will be harder

India has become accustomed to hearing the 7% growth number. It is now less a milestone than an expectation. Yet the paradox is becoming clearer: maintaining 7% growth may be considerably harder than achieving it once. India’s real GDP grew 7.7% in FY2025–26, following growth of 6.5% in FY202

The Constitution cannot be altered: Justice Abhay Oka

Justice Abhay Oka, who retired from the Supreme Court in May 2025, has said that the Constitution of India cannot be altered. Explaining the landmark Kesavananda Bharati judgment (1973) on the basic structure of the Constitution, he said, “This is one judgment that has saved democracy in India.&rdq

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter