The constitution bench’s decision against Shinde would essentially be an adverse view against the governor’s decision, asking Thackeray to prove his majority on the floor of the house without his constitutional grounds for doing so. In turn, it may also thwart Koshyari’s invitation to Shinde to form government in the state with the support of the BJP. If the court finds constitutional flaws in the governor’s decision, it may result in the fall of the current state government.
But such an action would raise a more complex question as Thackeray resigned without facing a floor test and, therefore, declaring Koshyari’s decision bad in law may not automatically reinstate him as CM. . In such a scenario, the Constitution Bench may have to chart a constitutionally and legally permissible path where both Shinde and Thackeray face disqualification proceedings as well as have to prove their strength in the Assembly following due process. be placed on an equal footing. by court
Supreme court verdict on shiv sena
