The Supreme Court gave Chief Minister Eknath Shinde a reprieve to stay in office, but flayed the action of the governor to hold a trust vote to enable Shinde to prove his majority.
Since the Uddav Thakur government had resigned on its own, the court said it cannot be brought back.
The court has also referred the question of whether Maharashtra chief minister Eknath Shinde and and 15 other MLA should be disqualified for revolting against then Chief Minister Uddhav Thackeray to a seven-member bench.
But the court made several observations that went against Shinde. The court clearly disapproved the decision by the governor to hold a trust vote for Shinde to prove his majority.
The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha had started hearing the matter on February 14 2023 and the judgement was reserved on March 16 2023.
The bench was considering the petitions filed by members from the groups of Shinde and Thackeray over several issues. The first petition was filed by Eknath Shinde in June 2022 challenging the notices issued by the then Deputy Speaker against the rebels under the tenth schedule of the Constitution over alleged defection. Later, the Thackeray group filed petitions in the Supreme Court challenging the decision of the Maharashtra Governor to call for a trust vote, the swearing-in of Eknath Shinde as the Chief Minister of the Government with the backing of BJP, the election of new Speaker etc.
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