Maharashtra political crisis

In the meantime, the Shinde camp MLAs left Maharashtra and approached the Governor with The pleas before the Constitution Bench, initiated by the Uddhav faction, have sought quashing of the July 22 floor test which put Eknath Shinde on the CM's chair. They have also sought declaration that the MLAs would be "deemed disqualified" from the date of the "anti-party activity" and therefore Shinde could not have been made the CM. ALSO READ | The petitions by the Shinde faction have raised concerns regarding the power of the assembly Speaker to consider disqualification proceedings even though the 2016 Nabam Rebia judgment of a five-judge bench held that a Speaker cannot consider such proceedings if no confidence proceedings against him/her are pending before the House. The Uddhav faction's plea had argued that Eknath Shinde’s appointment as the CM "violates Article 164(1-B) of the Constitution and that the provisions for prevention of defection serves no purpose, as defectors were being rewarded for committing the constitutional sin of defection". WHAT IS THE COURT EXPECTED TO CONSIDER? The matter involves complex questions of constitutional interpretation, anti-defection law under Schedule 10 of the Constitution, powers of the Governor, powers of the Speaker, the role of the Election Commission and the Supreme Court itself. ALSO READ | One major issue before the court was also whether it needs to re-look or clarify the Nabam Rebia 2016 verdict, amidst arguments by the Uddhav fa...

Mumbai, Maharashtra News Live Updates: In a major relief to the Eknath Shinde-BJP combine in power in Maharashtra, the Supreme Court on Thursday ruled that the erstwhile Maha Vikas Aghadi government cannot be restored in the state as then Chief Minister, Uddhav Thackeray, did not face a floor test and resigned of his own volition. While pronouncing the verdict, the CJI-led bench referred the Nebam Rabia judgment, which puts restriction on Speaker’s power to decide disqualification if disqualification is pending, to a seven-judge bench. Fadnavis lists important points from the order - • MVA schemes have failed, status quo ante will not be brought, Uddhav Thackeray won't be made CM • Disqualification will be decided by Speaker and the observation, there are no extraordinary circumstances • The speaker must decide • MVA’s dream has been destroyed by saying that Status whoa ante cannot be given and Uddhav Thackeray cannot be reinstated as CM • All the rights of disqualification are given to Speaker • There is no extraordinary consequences to adjudicate the rights of the speaker • All the MLAs have their right to participate in House, regardless of their pendency of petitions Reacting to the Supreme Court developments, Deputy Chief Minister Devendra Fadnavis said, "We are content with the SC order, I and CM will speak in detail at a press conference." "Since yesterday, many who were very excited and were scheming and jumping, have failed. All those who were discussing that the ...

Maharashtra political crisis live updates: BJP & morality contradictory to each other, Sharad Pawar says after SC verdict Supreme Court Decision on Maharashtra Political Crisis: The Supreme Court on Thursday said that it cannot restore the Maha Vikas Aghadi government in Maharashtra since Uddhav Thackeray resigned voluntarily before facing a floor test. However, the bench said that the governor erred in concluding that Uddhav had lost majority, adding that his floor test order was wrong. It has also referred the 2016 Nabam Rebia verdict on power of speaker on disqualification of MLAs to a larger bench. Stay with TOI for all updates Read Less It was a 'considered' decision to ask former Maharashtra chief minister Uddhav Thackeray to face a floor test during last year's political crisis in the state, former governor Bhagat Singh Koshyari said on Thursday. Delivering the much-awaited verdict on a batch of petitions related to the political crisis triggered by a revolt in the undivided Shiv Sena, the Supreme Court on Thursday held it cannot restore the Maha Vikas Aghadi (MVA) government led by then-chief minister Uddhav Thackeray as he resigned without facing a floor test in June last year, meaning Shinde will continue as the chief minister of Maharashtra. In its judgment, the Supreme Court, however, pulled up Koshyari and said he did not have reasons based on objective material before him to arrive at the conclusion that then chief minister Thackeray had lost the confidence o...

Date June21–30,2022 ( 2022-06-21– 2022-06-30) (9 days) Location Type Cause Motive To break the Target Participants Outcome • Resignation of • Fall of • Government formation under leadership of • Shiv Sena splits into 2 parties: • The 2022 Maharashtra political crisis began on 21 June 2022 in the Indian state of The group later moved to On 29 June, A Background [ ] In the Mahayuti. Maha Aghadi. BJP won 105 seats, Shiv Sena won 56 seats, NCP won 54 seats and INC won 44 seats. After the declaration of results of the Maharashtra elections, differences arose between Shiv Sena and BJP on the power-sharing arrangement. Shiv Sena demanded an equal share in power which was allegedly agreed upon by the BJP, (which BJP leaders including alleged 50-50 agreement. Eventually Shiv Sena joined the Maha Aghadi alliance of INC and NCP to form the Cross voting in Rajya Sabha and Legislative Council elections [ ] On 10 June 2022, the infighting in the party got highlighted for the first time when BJP won 3 out of 6 seats in the Crisis [ ] Initial Breakout [ ] Immediately after the Legislative council election results, To prevent further loss of MLAs, Shiv Sena housed the rest of its MLAs in several hotels in Stay at Guwahati [ ] On 22 June, Shinde said that he had moved 40 legislators to After failing to convince Shinde to return to Mumbai, on 22 June, Varsha to his private residence, Matoshree. Senior Shiv Sena leader ₹40 crore (US$5.0million) to each its lawmakers for creating the mutiny. ₹...

On May 11 th 2023, a 5-Judge Constitution Bench led by Chief Justice of India After a section of MLAs led by Eknath Shinde “rebelled” against the state government by defying the directions of the Chief Whip of Shiv Sena, the Deputy Speaker (Acting Speaker) of the Legislative Assembly issued disqualification notices to 16 MLAs. However, a vacation bench of the Supreme Court in an This case raises various thorny issues with major legal and political implications. While the Supreme Court considered and decided multiple legal questions, here I focus on three principal issues that animated the case: Firstly, do the actions of the Shinde faction amount to defection under the 10 th Schedule of the Constitution? Secondly, was the action of the Governor in directing Mr. Thackeray to face a floor test a fair exercise of the Governors’ discretion? Thirdly, was Governor justified in inviting Eknath Shinde to form government or can the Court reinstate Uddhav Thackeray as the Chief Minister? After considering these questions, I briefly discuss the larger import of this Judgement and the limits of its attempt to obliquely expiate interim orders passed by the Supreme Court. Key Findings of the Judgement On the first question about whether the rebellion by Eknath Shinde and other MLAs against the Chief Minister amount to defection, the Judgement observed that the Court cannot ordinarily adjudicate petitions for disqualification under the Tenth Schedule. Relying on Kihoto Hollohan and Rajen...

In the meantime, the Shinde camp MLAs left Maharashtra and approached the Governor with The pleas before the Constitution Bench, initiated by the Uddhav faction, have sought quashing of the July 22 floor test which put Eknath Shinde on the CM's chair. They have also sought declaration that the MLAs would be "deemed disqualified" from the date of the "anti-party activity" and therefore Shinde could not have been made the CM. ALSO READ | The petitions by the Shinde faction have raised concerns regarding the power of the assembly Speaker to consider disqualification proceedings even though the 2016 Nabam Rebia judgment of a five-judge bench held that a Speaker cannot consider such proceedings if no confidence proceedings against him/her are pending before the House. The Uddhav faction's plea had argued that Eknath Shinde’s appointment as the CM "violates Article 164(1-B) of the Constitution and that the provisions for prevention of defection serves no purpose, as defectors were being rewarded for committing the constitutional sin of defection". WHAT IS THE COURT EXPECTED TO CONSIDER? The matter involves complex questions of constitutional interpretation, anti-defection law under Schedule 10 of the Constitution, powers of the Governor, powers of the Speaker, the role of the Election Commission and the Supreme Court itself. ALSO READ | One major issue before the court was also whether it needs to re-look or clarify the Nabam Rebia 2016 verdict, amidst arguments by the Uddhav fa...

Mumbai, Maharashtra News Live Updates: In a major relief to the Eknath Shinde-BJP combine in power in Maharashtra, the Supreme Court on Thursday ruled that the erstwhile Maha Vikas Aghadi government cannot be restored in the state as then Chief Minister, Uddhav Thackeray, did not face a floor test and resigned of his own volition. While pronouncing the verdict, the CJI-led bench referred the Nebam Rabia judgment, which puts restriction on Speaker’s power to decide disqualification if disqualification is pending, to a seven-judge bench. Fadnavis lists important points from the order - • MVA schemes have failed, status quo ante will not be brought, Uddhav Thackeray won't be made CM • Disqualification will be decided by Speaker and the observation, there are no extraordinary circumstances • The speaker must decide • MVA’s dream has been destroyed by saying that Status whoa ante cannot be given and Uddhav Thackeray cannot be reinstated as CM • All the rights of disqualification are given to Speaker • There is no extraordinary consequences to adjudicate the rights of the speaker • All the MLAs have their right to participate in House, regardless of their pendency of petitions Reacting to the Supreme Court developments, Deputy Chief Minister Devendra Fadnavis said, "We are content with the SC order, I and CM will speak in detail at a press conference." "Since yesterday, many who were very excited and were scheming and jumping, have failed. All those who were discussing that the ...

On May 11 th 2023, a 5-Judge Constitution Bench led by Chief Justice of India After a section of MLAs led by Eknath Shinde “rebelled” against the state government by defying the directions of the Chief Whip of Shiv Sena, the Deputy Speaker (Acting Speaker) of the Legislative Assembly issued disqualification notices to 16 MLAs. However, a vacation bench of the Supreme Court in an This case raises various thorny issues with major legal and political implications. While the Supreme Court considered and decided multiple legal questions, here I focus on three principal issues that animated the case: Firstly, do the actions of the Shinde faction amount to defection under the 10 th Schedule of the Constitution? Secondly, was the action of the Governor in directing Mr. Thackeray to face a floor test a fair exercise of the Governors’ discretion? Thirdly, was Governor justified in inviting Eknath Shinde to form government or can the Court reinstate Uddhav Thackeray as the Chief Minister? After considering these questions, I briefly discuss the larger import of this Judgement and the limits of its attempt to obliquely expiate interim orders passed by the Supreme Court. Key Findings of the Judgement On the first question about whether the rebellion by Eknath Shinde and other MLAs against the Chief Minister amount to defection, the Judgement observed that the Court cannot ordinarily adjudicate petitions for disqualification under the Tenth Schedule. Relying on Kihoto Hollohan and Rajen...

Date June21–30,2022 ( 2022-06-21– 2022-06-30) (9 days) Location Type Cause Motive To break the Target Participants Outcome • Resignation of • Fall of • Government formation under leadership of • Shiv Sena splits into 2 parties: • The 2022 Maharashtra political crisis began on 21 June 2022 in the Indian state of The group later moved to On 29 June, A Background [ ] In the Mahayuti. Maha Aghadi. BJP won 105 seats, Shiv Sena won 56 seats, NCP won 54 seats and INC won 44 seats. After the declaration of results of the Maharashtra elections, differences arose between Shiv Sena and BJP on the power-sharing arrangement. Shiv Sena demanded an equal share in power which was allegedly agreed upon by the BJP, (which BJP leaders including alleged 50-50 agreement. Eventually Shiv Sena joined the Maha Aghadi alliance of INC and NCP to form the Cross voting in Rajya Sabha and Legislative Council elections [ ] On 10 June 2022, the infighting in the party got highlighted for the first time when BJP won 3 out of 6 seats in the Crisis [ ] Initial Breakout [ ] Immediately after the Legislative council election results, To prevent further loss of MLAs, Shiv Sena housed the rest of its MLAs in several hotels in Stay at Guwahati [ ] On 22 June, Shinde said that he had moved 40 legislators to After failing to convince Shinde to return to Mumbai, on 22 June, Varsha to his private residence, Matoshree. Senior Shiv Sena leader ₹40 crore (US$5.0million) to each its lawmakers for creating the mutiny. ₹...