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Uddhav Thackeray cannot restore government after resignation: Supreme Court

jaswant singhbyjaswant singh
11-05-2023, 13:06
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Delhi HC issues summons to Uddhav Thackeray, others in defamation case by Eknath Shinde's aide

New Delhi, May 11 (). The Supreme Court said on Thursday that if Uddhav Thackeray did not resign from the post of Chief Minister of Maharashtra, the court could reinstate him, but the court could not cancel the resignation. The apex court also said that the governor erred in concluding that Uddhav Thackeray has lost majority in the House.

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Chief Justice D.Y. Chandrachud said the court cannot nullify the resignation submitted by Thackeray.

The bench noted that the petitioners have argued for restoration of status quo, however, Thackeray did not face the floor test.

The bench said that the lack of security to the MLAs (Eknath Shinde faction) is not a reason to conclude that a government has fallen, but a reason to trust the Governor.

The top court said that the Governor has no facts to doubt the confidence of the Maha Vikas Aghadi government and call for a floor test.

The bench said that Devendra Fadnavis and independent MLAs also did not move the no-confidence motion and the Governor’s exercise of discretion was not in accordance with the law.

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The bench said that neither the Constitution nor the law empowers the Governor to enter the political arena and play a role in inter-party disputes.

The apex court delivered its verdict on the political crisis in Maharashtra in connection with the rebellion of Shiv Sena leader Eknath Shinde and other legislators that led to the fall of the Uddhav Thackeray-led Maha Vikas Aghadi government.

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