Shiv Sena leader Eknath Shinde’s faction told the Supreme Court that pleas related to the June 2022 Maharashtra political crisis fell within the realm of politics and judiciary cannot be asked to adjudicate the issue.
Senior advocate Harish Salve, appearing for Maharashtra Chief Minister Shinde and MLAs of his faction, told a five-judge constitution bench headed by Chief Justice DY Chandrachud that court should not embark on assumptions.
It would be extremely perilous for this court to embark on this journey. Thackeray (Uddhav) resigns. Governor calls for a floor test for a sitting CM. Floor test doesn’t happen. How do you know who would have supported whom? What if one of his coalition partners said sorry we don’t want to support you? We don’t know.
And it’s not for us to decide as lawyers. This is in the realm of politics. How can your lordships be invited to hazard that guess,” Salve told the bench, also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.
Look at what happened when Shinde came for the floor test in the assembly. Thirteen of Thackeray’s hardcore supporters abstained from voting. These things happen in politics. These fast moving political waters take different turns at different points. We’re not to speculate, Salve said.
There is problem of criminalisation of politics, election funding, spending in elections etc. There are problems but we cannot cross beyond a point, he said. If the government has lost majority and one faction comes and says that we have majority then what error has the governor committed by calling the Shinde faction to be sworn in as the CM? he said.