Decision on suspension of 16 MLAs to be taken by Assembly Speaker within a specific time frame – Supreme Court’s instructions

New Delhi, Dt. 11
The Supreme Court has suggested that the Assembly Speaker should take a decision on the suspension of 16 Shiv Sena MLAs within a specific time frame. So, at least for now, Chief Minister Eknath Shinde has got relief.
The verdict of the Constitution Bench on the issue of power struggle in Maharashtra has been announced today. Supreme Court Chief Justice D.Y. Chandrachud, Justice M. R. Shah, Justice Krishna Murari, Justice Hima Kohli, Justice P. S. Narsingh’s constitution bench gave judgment on the issue of power struggle in Maharashtra.
There was no objective position before the Governor to call for a majority test. The Governor should not have interfered in the political sphere. The security issue was not one to withdraw support. The MLAs did not say that they were withdrawing support from the MVA government. Lack of security for 28 MLAs cannot be an issue of lack of majority for the government. On June 21, 2022, the Governor wrote a letter. That letter was in reference to Ajay Chaudhary. It was as if the Governor had interfered with the authority of the Legislature. The Governor should not have interfered in Pratod’s appointment. Devendra Fadnavis and 7 MLAs met the Governor. He had not introduced unbelief. There was no objective position before the governor. The court has also clarified that it was not legal for the Governor to order the majority test.
Governor Bhagat Singh Koshyari’s decision to call a majority test was wrong. But, Uddhav Thackeray resigned without facing the majority test. Therefore, the Supreme Court has refused to interfere in the state government formed by Eknath Shinde in collaboration with the BJP. Because Uddhav Thackeray resigned without going to the confidence vote. The court also said that the question of shocking the present government does not arise.

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