SC refuses to restore Thackeray as CM, refers Nabam Rebia case to larger Bench: 10 highlights from verdict

The verdict was delivered by a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud and comprised of Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.

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Here are the top highlights from the verdict:

1. 01

   Motion for Speaker's removal

   Issues such as whether motion for Speaker’s removal will restrict his powers to issue disqualification notices need examination.

2. 02

   Appointment of Bharat Gogawale as whip

   Speaker’s decision to appoint Bharat Gogawale of Shinde faction as whip of Shiv Sena party was illegal.

3. 03

   The 'real' whip

   Speaker didn’t attempt to identify which of two persons — Sunil Prabhu or Bharat Gogawale — was whip authorised by political party.

4. 04

   The SC directs

   Speaker must recognise only whip appointed by political party.

5. 05

   Floor test was justified?

   If Speaker and government circumvent no-confidence motion, governor will be justified in calling for floor test.

6. 06

   Guv had no material to call for floor test

   Resolution relied on by Governor didn’t indicate MLAs wanted to withdraw support, had no material to call for floor test.

7. 07

   Governor's error

   Governor erred in relying on resolution of faction of MLAs of Shiv Sena to conclude that Uddhav Thackeray had lost majority.

8. 08

   Status quo ante cannot be ordered

   SC says status quo ante cannot be ordered by restoring MVA govt as then CM Uddhav Thackeray did not face floor test.

9. 09

   Guv justified in inviting Shinde to form govt

   Governor justified in inviting Eknath Shinde to form govt at behest of BJP which was largest political party in House.

10. 10

    2016 Nabam Rebia verdict

    2016 Nabam Rebia five-judge verdict related to power of speaker on disqualification of MLAs referred to larger bench.