Maharashtra Assembly speakers decision to appoint Bharat Gogawale of Shinde faction as the whip of Shiv Sena was "illegal":CJI

"Floor Test Not To Settle Disputes": Top Supreme

New Delhi: The Supreme Court said that it cannot restore Uddhav Thackeray as Maharashtra Chief Minister as he did not face the floor test and resigned. The court, however unjustified Maharashtra Governor for not calling upon the then CM Uddhav Thackeray to prove majority in the Assembly on June 30 last year.

Pronouncing its verdict on the pleas related to the political crisis leading to the fall of the Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray following a revolt by the Eknath Shinde faction, a five-judge Constitution bench headed by Chief Justice DY Chandrachud held that Mr Thackeray had resigned without facing the floor test and justified the governors invitation to Mr Shinde to form government at the behest of the BJP which was the largest political party in the house.

The court however said that the speakers decision to appoint Bharat Gogawale of the Shinde faction as the whip of Shiv Sena was "illegal".

The court observed that exercise of discretion of governor in this case was not in accordance with law. The court cannot quash a resignation which was submitted voluntarily.

The Governor erred in concluding that Uddhav Thackeray had lost support of the majority of MLAs, the Court observed.The Governor is not entitled to enter political arena and play a role in intra party to inter party dispute.

The court further observed that even if some MLAs wanted to leave the government, it was only dissatisfaction portrayed.There is a difference within the party not supporting the government and members being unhappy. This did not confer that the MLAs  had withdrawn support from the floor of the house. Their communication indicated that they disagreed with some policy decision of the Uddhav Thackeray government. It was not clear whether there would be deliberation  or they will merge with another party

In such a situation, the Governor was wrong to conclude that Uddhav Thackeray had lost the majority, the court observed.