The Constitution Bench of the Supreme Court will deliver the crucial verdict on the Shiv Sena factional feud case that saw Uddhav Thackeray and Eknath Shinde factions splitting the party and the latter forming the government with the BJP, on Thursday.
The verdict will determine the fate of the Shinde government and also have long-lasting implications in Maharashtra politics.
Last June, Shinde and 39 MLAs rebelled against the undivided Shiv Sena leadership resulting in the party's split and collapse of the Uddhav Thackeray-led Maha Vikas Aghadi (MVA) government, comprised of the NCP and Congress. Shinde later tied up with the BJP to return as the Chief Minister.
The petitions were filed by members of both Shinde and Thackeray factions over several issues. These include pleas by the Maharashtra Chief Minister Eknath Shinde challenging the notices issued by the then Deputy Speaker against the rebels under the tenth schedule of the Constitution over defection.
The Thackeray group has also filed petitions challenging Maharashtra Governor Bhagat Singh Koshyari’s decision to call for a trust vote, the swearing-in of Eknath Shinde as the Chief Minister of the Government with the backing of BJP, and the election of a new Speaker etc.
Besides determining the validity of the Shinde government, the order will also address the "legal conundrum" surrounding the political fate of Thackeray who quit rather than face the no-confidence motion.
The court had observed on the last day of the hearing how it could reinstate the Thackeray government when the chief minister had put in his papers even before facing the floor test, after the faction led by him pitched for setting aside the governor's June 2022 order to the CM for a trial of strength in the House.
Whichever way it goes, the verdict will have serious implications in the state politics. If the SC order favours the Shinde government, it will be a political victory for him ahead of the municipal polls. Many believe this will also spur further defections from the Thackarey faction. He will also become the official face of the Shiv Sena.
A verdict favouring Thackarey means that the Governor’s decision to ask Thackeray to prove the majority of the floor of the House is illegal and unconstitutional. While it may bring down the government, it is unlikely that Thackarey will become the chief minister again, as he quit without facing the floor test.
Factions confident
Expressing confidence, MVA on Wednesday said the verdict will determine if democracy "exists" in the country and judiciary "functions" independently. Shiv Sena (UBT) leader Aaditya Thackeray said he hoped that his party will get justice, asserting that he has faith in the judiciary.
His party colleague and Rajya Sabha MP Sanjay Raut said that the impending verdict will determine the future of the country.
"The Supreme Court judgment will decide whether there is democracy in the country, whether legislatures are functioning as per the Constitution, and the judiciary is functioning independently. We are hopeful that we will get justice. I am confident that the Supreme Court of the country is independent," Raut told reporters.
Shinde faction too is confident of a victory. Shiv Sena spokesperson and party MLA Sanjay Shirsat said the party wasn't worried as they had factored in all aspects before revolting (last year). "We have seen the results the Election Commission gave us the party name and symbol and we won the first stage," Shirsat said.
