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This is an archive article published on May 11, 2023

Shinde, Fadnavis must go: Uddhav; govt says SC has given right to stay

Shiv Sena (UBT) chief Uddhav Thackeray also sought action against former Maharashtra governor Bhagat Singh Koshyari, saying ‘if nothing is done, it will set a wrong precedent’

Uddhav Thackeray SC Shiv Sena verdictShiv Sena (UBT) chief Uddhav Thackeray addresses the media in Mumbai on Thursday. (Express Photo: Amit Chakravarty)
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Shinde, Fadnavis must go: Uddhav; govt says SC has given right to stay
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FOLLOWING THE Supreme Court’s verdict, Shiv Sena (UBT) chief Uddhav Thackeray on Thursday said that “if Maharashtra Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis have any morality left, they should resign”.

Addressing a joint press conference, Shinde and Fadnavis, however, said the verdict had reaffirmed the “constitutional” and “legal” validity of their government, and given it the “right to continue”.

Meanwhile, the then Maharashtra Governor, Bhagat Singh Koshiyari, said he took his decision “based on rules”. “It’s been three months that I have quit the post of Governor. I keep myself away from political issues these days. The SC has given its verdict. Legal experts can comment on the verdict. I am not a legal expert, I am only familiar with legislative rules. I took my decisions based on these rules. Someone submitted his resignation to me, what could I have done. Should I have said don’t resign,” he said.

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On his decision to resign and not face a floor test, Thackeray said: “According to the law, it may be wrong. But morally, why should I prove to those (MLAs) traitors who betrayed me and my father’s party? I don’t have to. They have no right to question me. They are traitors, they took everything from my party and betrayed us. Why should I face the no-confidence motion of traitors?”

“Overall, the SC has passed strictures against those who are power hungry. The SC has also said that the way the Governor acted was wrong, as was the appointment of the (chief) whip… If the CM and Deputy CM have any morality left, they should resign as I did, and face elections,” said Thackeray, adding that he had resigned on moral grounds.

Seeking action against Koshyari, Thackeray said: “The Governor has done what he should not be doing and left. But what is the punishment for him? Because if nothing is done, it will set a wrong precedent. Explanation has to be sought from the Governor even if he is not in the position.”

“The SC has said that the way the Governor acted was wrong. Be it Delhi or Maharashtra, there were strictures on the functioning of the Governor. The system of having a Governor was respectable. But the system of using the Governor as a servant has started, now the question is whether the Governor system should be kept or not,” he said, adding that the issue should be taken up by the SC.

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With the SC saying that the Speaker should decide on the disqualification of the 16 rebel Sena MLAs, Thackeray asked the Speaker, Rahul Narvekar, to take a decision immediately. “The Speaker has to take a decision on the disqualification but as per my understanding, the SC has rejected the appointment of Shinde faction MLA (Bharat Gogawale) as chief whip. Hence, only my Shiv Sena’s whip will be applicable,” he said.

Referring to the Election Commission’s earlier decision to recognise the Shinde-led faction as the real Shiv Sena, Thackeray said: “The EC is limited to elections and allotting party poll symbols. We will not allow anyone to take away the Shiv Sena name. It was unconstitutional. The EC cannot take away the party name. It is not their prerogative”.

Hitting back at Thackeray, Fadnavis said, “What right does he have to raise morality? After the 2019 elections, he betrayed the BJP and joined hands with the Congress-NCP for the CM’s post. His decision to resign as the CM had nothing to do with morality. He knew his government was reduced to a minority and would be defeated on the floor of the House if he had faced a no-confidence motion.”

“It is a victory of truth. It is a victory for democracy,” said Shinde. “From the beginning, we had maintained that the process of government formation was within the laid parameters of the rules and regulations designed by the Assembly and Constitution. By upholding the government, the verdict is a slap on our critics who had predicted our downfall,” he said.

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“It was clearly stated that status quo ante will not be brought, Uddhav Thackeray will not be made the CM,” said Fadnavis. Pointing out that the decision on the disqualification of the 16 MLAs has been referred back to the Speaker, he said they “will have the right to participate in the functioning of the Assembly, regardless of the pendency of the case”.

“You have to look at the verdict in totality… The judgment has upheld the then Governor’s decision to direct the Uddhav Thackeray-led MVA to hold a floor test and prove majority… The judgment also did not contest the EC’s decision to exercise its independent authority to award the party name and symbol to the Shinde faction… The verdict, purely on the basis of merit, has given the Shinde-led government the right to continue,” Fadnavis said.

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