5 JUDGE BENCH OF SC QUESTIONS THE FORMER MAHARASHTRA GOVERNOR FOR BEING PARTY in POLITICAL ARENA !
While a ago the five judge bench of Supreme Court that also included the chief justice D. Y. Chandrachud had given the government of NCT of Delhi enough powers taking Delhi LG to task saying that he will have to function on the advise of Delhi’s elected government similarly in its judgement on Thursday the Supreme Court raised question mark on Maharashtra’s former Governor Bhagat Singh Koshiyari as well saying that a governor has no right to intervene and play role in the political arena misusing his or her powers being in a gubernatorial position. Raising such a serious question on the credibility of a former governor of the state of Maharashtra the five judge bench of the apex Court has while putting the former governor in bad taste has resulted in the CM of Maharashtra Eknath Shinde coming clean out of this impasse. This is so because the Supreme Court, instead of giving decision on the technical feasibility of the MLAs who’d crossed sides joining the present CM Shinde’ s camp has put the ball in the Court of the Speaker of Maharashtra assembly to be decided by the latter.
The five judge supreme Court bench comprised of D. Y. Chandrachud, Justice M. R. Shah, Justice Krishna Murari, Justice Hima Kohli and Justice P. V. Narsimha. The bench categorically said that the Governor can’t act on the premise that some MLAs are interested to leave Shiv Sena. According to Hindustan the Constitution bench said that there is, quite a difference in a government losing its majority and ruling government’s MLAs being unhappy. During this process the attitude of the Governor Bhagat Singh Koshiyari to call for the floor test has put him under question. The supreme Court bench was of an unambiguous opinion that floor test in assembly or any other place us no remedy to resolve the squabble within the political party ( Shiv Sena). According to Hindustan forty MLAs during the past year in the months of June July had left Shiv Sena under the leadership of Udhav Thakrey to join Eknath Shinde camp who was later on sworn in as CM. Going against Udhav Thakrey , the 5 judge bench ruled that though the decision of the then Governor Bhagat Singh Koshiyari for floor test was wrong but Udhav Thakrey too had not come for the floor test to qualify it and instead resigned, losing a constitutional opportunity. Hence the Shinde government will continue. Moreover the election commission had already granted recognition to Shiv Sena led by Eknath Shinde. The SC said the governor should never use the powers not given to him.
