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What’s the biggest mistake that will haunt Uddhav Thackeray: SC judgment makes it clear

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By Ritika: The drama unfolded in June 2022. The summer heat was extreme and the political arena of Maharashtra was scorching too. The last scene of that drama played out on Thursday, almost after a year.

But who knew that Uddhav Thackeray would likely be kicking himself for a decision he made in June last year, amid all the political heat.

Then Shiv Sena chief Uddhav Thackeray announced his resignation as the chief minister of Maharashtra during a televised address on June 29, 2022. In a yellow kurta and against a plain backdrop, Uddhav spoke to the camera. He was alone, as if symbolic of the loneliness that his party leader Eknath Shinde and the rebels put him through.

Earlier on June 29, the Supreme Court had refused to stay a floor test ordered by the Maharashtra governor, asking Uddhav Thackeray to prove his majority in the Assembly.

Uddhav knew he didn’t have the support of the majority of Shiv Sena MLAs, and thought resigning would be an honourable exit, instead of facing embarassment on the floor of the house. That decision, he didn’t know, would come back to bite him. And this was evident from the Supreme Court’s verdict on Thursday. But what did the Supreme Court say exactly?

THE MVA GOVT AND THE SHIV SENA REBELLION

The Maha Vikas Aghadi government (MVA) in Maharashtra, comprising the Shiv Sena, the Sharad Pawar-led Nationalist Congress Party (NCP) and the Congress, collapsed in June 2022 following a rebellion by Eknath Shinde and his MLAs. Eknath Shinde took oath as the chief minister of Maharashtra and BJP leader Devendra Fadnavis took oath as his deputy.

The political crisis in the state spiralled onto the streets, prompting both the Sena camps to move the Supreme Court. Since June 2022, a constitution bench led by Chief Justice of India DY Chandrachud has been hearing a batch of petitions filed by both the groups from Sena.

The Supreme Court on Thursday referred to Uddhav Thackeray’s resignation as the chief minister while pronoucing the verdict on the Maharashtra political crisis, saying relief could have been provided had Uddhav not resigned and faced the floor test. The Supreme Court said it cannot order the restoration of Uddhav Thackeray’s government as he resigned without facing a floor test.

“We cannot quash his resignation and hence MVA cannot be put back in the seat of government,” the SC said in a significant verdict on the political crisis.

ALSO READ | Maharashtra political crisis: Shinde govt to stay as SC says can’t give relief to Uddhav Thackeray

WAS QUITTING UDDHAV THACKERAY’S BIGGEST MISTAKE?

This is one big step that Uddhav Thackeray must be cursing himself for. This could be probably the biggest mistake the Shiv Sena (UBT) leader and former chief minister made. What is interesting to note here is that Uddhav Thackeray resigned within hours of the Supreme Court ruling that he had to prove that his government still had the majority on the floor of the House.

The decision of Uddhav Thackeray of not taking a floor test and announcing his resignation has backfired. And the Supreme Court judgment on Thursday made this amply clear.

The Supreme Court observed since Thackeray had resigned without facing the floor test, the then Governor Bhagat Singh Koshiyari was justified in inviting Eknath Shinde to form government at the behest of the BJP.

“The status quo ante can’t be restored because Thackeray did not face the floor test and tendered his resignation. The governor was, therefore, justified in inviting Shinde to form the government at the behest of the BJP which was the largest political party in the house,” the court said.

ALSO READ | Uddhav Thackeray’s biggest mistake exposed in Supreme Court? Quitting before losing floor test

Even during the course of the hearing, the Supreme Court expressed its concern regarding the reinstatement of the Uddhav Thackeray government.

“How can we reinstate a government which has itself admitted to have lost the majority in the House by resigning voluntarily without facing the trust vote,” asked the CJI Chandrachud-led bench.

The CJI and Justice Shah asked, “But, you resigned without facing a floor test. How can you put it back?”

HOW DID THE MAHARASHTRA POLITICAL CRISIS UNFOLD

In June 2022, rebel Shiv Sena MLAs, led by Eknath Shinde, expressed dissatisfaction with the leadership of Uddhav Thackeray.As many as 16 Shiv Sena MLAs rebelled against Uddhav Thackeray and went missing and skipped a meeting of the legislature party. The chief whip of the party, who was nominated by Uddhav Thackeray, initiated disqualification proceedings, with notices issued to the rebel MLAs by the then deputy Speaker.

Despite calls by then chief minister Uddhav Thackeray, they didn’t return to the negotiation table and declared themselves as the real Shiv Sena.

Following an appeal by the BJP, then Maharashtra governor Bhagat Singh Koshyari issued directions to the crisis-hit Maha Vikas Aghadi (MVA) government to prove its majority in the state assembly on June 30.

Bhagat Koshyari cited reports that 39 MLAs had shown a desire to exit the MVA government, while seven Independent MLAs had also sent an email withdrawing their support.Uddhav Thackeray avoided an apparent embarrassment on the floor of the Assembly.

ALSO READ | Governor wrong but Uddav quit on his own: What Supreme Court said in Maharashtra political crisis verdict

Uddhav Thackeray resigned as the chief minister of Maharashtra on June 29 last year, hours after the apex court declined to stay the floor test scheduled to be held a day later on the directive of the Maharashtra governor.

The Uddhav Thackeray-led Sena faction approached the Supreme Court to seek disqualification of the 16 MLAs, including Eknath Shinde.

Later on, with the strength of 40 MLAs now, the Eknath Shinde faction was also recognised by the Election Commission as the real Shiv Sena. The Uddhav Thackeray faction is known as Shiv Sena (Uddhav Balasaheb Thackeray) or Shiv Sena (UBT).

WHAT UDDHAV HAS TO SAY NOW

The Supreme Court on Thursday pronounced a slew of verdicts involving complex questions of constitutional interpretation, anti-defection law under Schedule 10 of the Constitution, powers of the Governor, powers of the Speaker and the role of the Election Commission

The SC held that the governor erred in relying on the resolution of the faction of MLAs of Shiv Sena to conclude that Thackeray had lost majority. The bench said that the Governor had no objective material to call for a Floor test in the Assembly, it cannot be used as a medium to resolve inter or intra-party disputes.

But among everything else what stood out was the Supreme Court’s observation that it couldn’t give relief to Uddhav Thackeray because he resigned before taking the floor test. Uddhav Thackeray’s move to resign as the chief minister to save himself the embarassment of failing the floor test will be among his biggest political mistakes.

And that was evident on Thursday when Uddhav Thackeray said he would have been the chief minister had he not resigned.

“Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis should resign the way I did,” Uddhav said after the Supreme Court’s ruling on Thursday.

ALSO READ | Not dreaming of becoming prime minister in 2024: Uddhav Thackeray

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