SC Shiv Sena ruling: Shinde will stay CM, but Governor’s action wrong

New Delhi: In partial relief to Chief Minister Eknath Shinde-led Shiv Sena, a five-judge Constitution Bench of the Supreme Court on Thursday (May 11) held that status quo ante of June 2022 in the Maharashtra Assembly cannot be restored, as the then Chief Minister Uddhav Thackeray resigned before facing the floor test.

The court also said that it cannot adjudicate petitions under the 10th schedule of the constitution in the first instance. The speaker must decide disqualification petitions within a reasonable period.

However, the court held that then Governor Bhagat Singh Koshyari was wrong in calling the floor test without any objective material.

“The validity of proceedings of the house is not subject to disqualification proceedings,” the Bench said. “The status quo ante cannot be restored because Thackeray did not face floor test and resigned, although the Governor’s decision for the floor test was wrong, and the Speaker was wrong in appointing the whip of the Shinde group.