Uddhav questions Maharashtra GovernorтАЩs decision to swear in Shinde as CM when disqualification proceedings were pending
Former Maharashtra CM Uddhav Thackeray | File Photo
| Photo Credit: PTI
Former Maharashtra Chief Minister Uddhav Thackeray said in the Supreme Court on Tuesday that the StateтАЩs Governor had sworn in Eknath Shinde as Chief Minister fully knowing that he was facing disqualification proceedings under the anti-defection law.
тАЬCan a Governor swear in an MLA against whom a disqualification proceeding is pending before the House? The issue has never come up before,тАЭ senior advocate Kapil Sibal, appearing for the Thackeray faction, submitted before a Constitution Bench led by Chief Justice of India D.Y. Chandrachud.
Mr. Sibal said that a wrong inference had been made that there was a тАЬsplitтАЭ in the Shiv Sena just because some legislators who formed the Shinde faction did not agree with the leadership.
тАЬLegislators are there because of the party. Can they sever the umbilical cord with the party and say тАШwe can do what we likeтАЩ? Your Lordships need to analyse the role of the whip here. The whip is the bridge between the legislative party inside the House and the political party outside,тАЭ Mr. Sibal argued.
Chief Justice Chandrachud asked Mr. Sibal whether he meant that тАЬunless there was a split within the political party, it cannot find recognition within the legislative party in the HouseтАЭ.
Mr. Sibal indicated that legislators were bound by the political party line. They could not go off on their own or claim there was a split of the party.
тАЬFor example, the political party outside the House decides the stand of the party on a Bill. The legislative party in the House cannot decide on its own what a party is or not going to do… The whip is issued outside the House and translated into action in the House,тАЭ Mr. Sibal contended.
тАЬBut if there is a merger, the Speaker decides inside the House. The SpeakerтАЩs remit does not lie outside the House,тАЭ the Chief Justice intervened.
But Mr. Sibal responded that a merger took place outside the House. тАЬThat would mean unless the Election Commission takes a decision outside the House, the Speaker cannot decide within the House whether there is a merger or not. That canтАЩt be,тАЭ Chief Justice Chandrachud observed.
During the hearing, Mr. Sibal said a particular judicial order of the Supreme Court on June 27 last year had led to events that culminated in the formation of the Shinde government.
On June 27, the court had allowed Mr. Shinde and his 15 supporting legislators time till July 12, 2023, to respond to a disqualification notice issued by then Deputy Speaker Narhari Zirwal on June 25 under the Tenth Schedule.
A Vacation Bench of Justices Surya Kant and J.B. Pardiwala had heeded their contention that they were given hardly 48 hours to respond to the disqualification notice when the law required the Speaker to grant them seven whole days.
тАЬNothing in the Tenth Schedule should be interpreted to somehow legalise defection. Attempt by the court and the House should be to allow an elected government to function. But unfortunately the June 27 order led to this situation now. Had it not been passed, we would not have been here,тАЭ Mr. Sibal submitted.
