The Supreme Court in the matter pertaining to the Shiv Sena rift observed and has held that it cannot order the restoration of the Uddhav Thackeray government as it has been resigned by him without facing of the floor test. Therefore, Uddhav Thackeray voluntarily resigned and it has been held by the said court that the Governor was right in inviting Ekanth Shinde form the government with the support of BJP.
Further, the court in the case observed and has held that this court cannot quash a resignation which being voluntarily tendered. Therefore, Mr. Uddhav Thackeray in the case observed and has refrained from resigning from the post of the Chief Minister, this court could have considered the grant of the remedy in order to reinstating the government headed by Mr. Uddhav Thackeray.
The bench in the case observed and has held that the earlier the decision taken by the Governor’s in order to floor test for the Maha Vikas Aghadi government as well as the decision of speaker in order to appoint the whip nominated by Shinde group were incorrect. The bench in the case also referred the judgement in Nabam Rebia to the larger bench.
Therefore, the Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha has started hearing the present case on 14.02.2023 and the judgement is reserved by the bench
on March 16, 2023.
