Thread by @JMehta65

Thread🧵
On Wednesday, I perused the proceedings in the Supreme Court, as regards Shiv Sena's matter..

I must say, I was shocked to observe #CJI J. Chandrachud's aggressive questioning against then Governor of Maharashtra..

1/22

He appeared to be more angrier on the Governor than Uddhav Thackrey himself, for fall of #MVA govt.

To me, it appeared as if, his sympathy rests with Uddhav Thackrey.

Through this thread wherein, I will post screen shots of court's proceedings and analysis.

2/22

*Background of the crisis*

From around 22nd June, Shiv Sainiks started destroying, properties of rebel MLAs as well as the independent MLAs who withdrew support to Uddhav Thackrey government..The instigation for this violence was made by Sanjay Raut, trouble shooter of UT.

3/22 twitter.com/i/web/status/1…

In the court, SG Tushar Mehta started by explaining, law and order crisis which was prevalent from 23rd June, in Maharashtra.. Maharashtra Govt had withdrawn security to the rebel MLAs and their families..Central govt had to intervene and provide Central security forces..

4/22

1) Well, it's responsibility of the Governor to check whether the ruling dispensation has the majority or not.

2) So, Governor should not call for trust vote, lest govt. may get toppled? Governor called for the trust vote because, the Shiv Sena LP had already broken up..

5/22

1) If Governor can't call for the trust vote then, who can call the trust vote? Is #SC going to usurp that power too?

So, CJI suggests that the Governor should forsake his Constitutional duty, so as to not precipitate the fall of minority government?

2) Functional govt 🦵

6/22

1) If the Governor has credible information, that the ruling dispensation doesn't have majority then; he is bound to call for trust vote
2) Now #CJI suggests that the best way, govt can be defeated only by voting against in money bill.
3) If people start ditching the govt,+

7/22

+is it the Governor's responsibility to decline call for the trust vote, even though the ruling dispensation numbers have reduced below the majority mark?
4) Even if this group of 39 MLAs was disqualified, withdrawal of support by 10 MLAs had made the govt a minority govt.

8/22

Out of those 3 years, for more than 1.5 years Maharashtra suffered from Covid..Maharashtra recorded highest number of affected people & also deaths..CM was working from his home..Was not meeting any one..
MLAs had lot of grievances, but CM was not accessible to them..

9/22

1) Why should Governor ask this question? In 1999, when Jayalalitha withdrew support from Vajpeyee govt, did then President K R Narayan ask himself, why these parties which had contested elections in alliance & enjoyed honeymoon for 1 year; what happened to them overnight?

10/22

President K. R. Narayan immediately asked PM Vajpeyee to seek trust vote..And, PM Vajpeyee complied with President's directive immediately..

11/22

Did #CJI J. Chandrachud ask himself, why after being in alliance for 25 long years & enjoying spoils of office, contesting elections in a pre-poll alliance, projecting Fadanvis as CM, 1 fine day; Shiv Sena asked for CM post on rotation?
U cohabit for 25 years & 1 fine day.

12/22

1) How can J. Chandrachud claim that there was no internal dissent in Congress and NCP? What material was placed before him to claim this?
In Congress, Dy. CM Balasahab Thorat & Speaker Nana Patole did not get along..
In NCP, Ajit Dada & Jayant Patil did not get along.

13/22

Yes, Congress & NCP combine had 97 MLAs..And, Shiv Sena the biggest party in the troika, suffered a huge loss of 39 MLAs, reducing it to a strength of mere 17 MLAs.
If #MVA was continued then sooner or later, Ajit Pawar would have staked claim for the CM post by virtue of+

14/22

+ being the largest party in the coalition..

Another factual error, Shinde group proclaimed them to be real Shiv Sena and, from the day one said that they would ally with the BJP & form a coalition govt..They had publicly said that they won't ally with Congress or NCP.

15/22

Even if 39 rebel MLAs were disqualified, majority was shaken on the floor of the house..In that situation, the Governor had to fulfil his Constitutional duty without taking the permission of #CJI .

16/22

Majority mark in 288 member house is 145 not 144..Rebellion of 39 MLAs disturbed the 145 mark..
If 39 MLAs were disqualified, then the strength of the house would have come down to 249..Halfway mark 125..Shiv Sena-17, NCP-53 & Congress-44..Total 114.
BJP - 106+8+12 = 126.

17/22

BJP was having majority..Status of Eknath Shinde faction whether disqualified or not disqualified, had no effect on BJP+ majority in the house..BJP plus its' allies had secured majority in the house on its own.

18/22

Governor's role in calling trust vote was questioned by the #CJI..According to CJI, Governor should not have called for the trust vote..But, #CJI ignored the fact that, the same Supreme Court had refused to stay the trust vote..Only subjected it to the final out come of WP

19/22

If CJI deduced that the Governor had no material to ask Uddhav Thackrey to take trust vote then; how did the earlier bench of the Supreme Court, refused to stay the trust vote? If Governor had no justifiable material, then the earlier bench would certainly have stayed it.

20/22

Governor's stand to call for trust vote was in the end vindicated by Uddhav Thackrey's voluntary resignation from the post of Chief Minister without facing the trust vote.. CJI J. Chandrachud grudgingly admitted this fact.

#CJI had to change his views within one day.

21/22

Kapil Sibal is a very smart lawyer..He echoes whatever the Judge's observations..That's why he is highly successful lawyer..

22/22