Sena vs Sena: Floor test cannot be called on differences between ruling party MLAs, says Supreme Court

The Supreme Court on Wednesday observed that a floor test of a government cannot be called merely on the ground of differences between MLAs of a ruling party as it can topple an elected government. The top court added that the governor of a state cannot lend his office to effectuate a particular result.

Making an observation, a 5-judge bench of the Supreme Court said, "It will be a sad spectacle for democracy," while taking forward the hearing on the events that unfolded during the June 2022 Maharashtra political crisis triggered by a revolt in the then-undivided Shiv Sena by MLAs loyal to Eknath Shinde.

"Difference of opinion among MLAs within a party can be on any ground like payment of development fund or deviation from party ethos but can that be a sufficient ground for the governor to call for the floor test? Governor cannot lend his office to effectuate a particular result. Calling for a trust vote will lead to toppling of elected government," the bench said.

"The only thing is that a resolution of 34 MLAs which said that there was widespread discontent among the party cadres and legislators.... Is this sufficient ground to call for trust vote? Although, in the hindsight we can say that Uddhav Thackeray had lost the mathematical equation.

"But the fact is governor cannot enter this domain which would precipitate the matter. People will start ditching the ruling party and governor will end up toppling the ruling party. This will be a sad spectacle for democracy," the court observed.

"Three years you cohabited in an alliance, and one fine day, you decided for divorce. The rebel MLAs became ministers in another dispensation. Governor has to ask these questions to himself.

What were you fellows doing for such a long time and now suddenly you want a divorce," the court said.

On March 2, the Shinde faction had told the top court that the pleas related to the June 2022 Maharashtra political crisis fell within the realm of politics and judiciary cannot be asked to adjudicate the issue.

A political crisis had erupted in Maharashtra after an open revolt in the Shiv Sena by the Shinde faction

 

(With inputs from PTI)