Supreme Court Invalidates Governor’s Call for Floor Test in Maharashtra
Misinterpretation by Former Governor Koshyari: The Supreme Court declared that former Maharashtra Governor Bhagat Singh Koshyari misunderstood the expression of “discontent” among some Shiv Sena MLAs with the Maha Vikas Aghadi (MVA) government as a withdrawal of their support.
Two-Day Deadline for Floor Test: The Supreme Court ordered a floor test to be conducted within two days in June 2022, following the Governor’s call for the test on June 28.
Chief Minister Uddhav Thackeray’s Resignation: As a result of the Governor’s call for the floor test, Uddhav Thackeray resigned as Chief Minister the day after the announcement.
Insufficient Discontent for Floor Test: The Constitution Bench stated that mere expressions of discontent by MLAs are not enough grounds for the Governor to call for a floor test.
Internal Party Disputes: The court emphasized that disagreements and dissent within a political party should be resolved according to the remedies outlined in the party’s constitution. The political turmoil in Maharashtra stemmed from intra-party differences, as highlighted by the court.
Floor Test not for Party Disputes: Chief Justice Chandrachud clarified that a floor test should not be utilized to resolve internal party disputes or disagreements. He distinguished between a party’s non-support of a government and individuals expressing discontent with their party leadership and functioning.
No Authority for Governor in Party Disputes: The Constitution and parliamentary laws do not provide a mechanism for settling disputes within a political party. Furthermore, the Governor lacks the power to intervene in inter-party or intra-party disputes, as noted by the Chief Justice in the verdict.
Inference of Withdrawal Insufficient: The Governor acted based on an inference that a faction within the Shiv Sena intended to withdraw their support for the government during the floor test. However, the Supreme Court deemed this inference inadequate for the Governor’s actions.
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