Legal experts have stated that following the Supreme Court’s ruling on Thursday that it lacks the authority to reinstate Uddhav Thackeray as Maharashtra’s chief minister, the responsibility now falls on the speaker of the Maharashtra assembly.
It has been pointed out that the Supreme Court did not provide a specific timeframe for the decision-making process regarding the disqualification of 16 MLAs from Chief Minister Eknath Shinde’s faction.
According to Justice S C Dharmadhikari, a former judge of the Bombay high court, the matter at hand is solely a political conflict and should not have been brought before the court in the initial stages.
According to the individual who spoke to PTI, the responsibility of disqualification rests with the speaker. However, the Supreme Court has not provided a specific timeframe for when this decision must be made.
According to Justice Dharmadhikari, the government led by Shinde, which comprises of defectors, will persist.
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The political developments that occurred in June and July of 2022 have been deemed a stain on the state of Maharashtra. The political future of the state appears to be grim and tarnished, as political ethics have suffered a significant blow. Maharashtra boasts a long-standing reputation for upholding clean and unpolluted politics. According to him, the verdict of the Supreme Court will have nationwide implications.
MLAs belonging to the Shinde faction of the Shiv Sena have reportedly left the original party and subsequently merged with another political party after making stops in Goa and Guwahati. According to Justice Dharmadhikari, this is evidently an act of defection.
According to senior counsel Milind Sathe, all attention will now shift towards speaker Rahul Narwekar.
According to sources, the whip of the original Shiv Sena party has been deemed valid and legal by the Supreme Court. According to the speaker, the decision on the disqualification issue must now be made based on its merits, as reported by PTI. According to the senior lawyer, Thackeray’s resignation in the wake of Shinde’s rebellion was unwarranted.
According to Advocate Ujjwal Nikam, the Supreme Court has recently made noteworthy observations regarding a whip and the erroneous decision made by the former Maharashtra governor.
The fate of the 16 MLAs who received disqualification notices now rests in the hands of the speaker. According to the speaker, the matter will be presented to him for consideration and he will make a decision based on its merit.
In a significant development, the apex court ruled on Thursday that Shinde would remain the Chief Minister of Maharashtra. The court stated that it could not reinstate the previous Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray, as he had resigned without undergoing a floor test.
In a recent development, the court has reprimanded Bhagat Singh Koshyari, the former governor of Maharashtra, stating that he lacked objective material to support his conclusion that Thackeray had lost the confidence of the House.
In a significant ruling, a five-judge Constitution bench led by Chief Justice D Y Chandrachud has declared that the appointment of Bharat Gogawale of the Shinde faction as the whip of the Shiv Sena in the Maharashtra assembly by the then speaker was “contrary to law”.