“The Governor should not enter any area which precipitates the fall of a government,” said the judges, adding that governors must exercise their powers with the greatest circumspection.
The three-year-old Uddhav Thackeray-led Sena-NCP-Congress coalition in Maharashtra lost power after a coup in the Shiv Sena by Eknath Shinde, who went on to form a new government with the BJP in June.
Since then, the factions led by Mr. Thackeray and Eknath Shinde have been fighting for recognition as the “real Shiv Sena”.
Last month, the Election Commission handed over the Shiv Sena name and poll symbol to the Eknath Shinde faction.
Mr Thackeray, despite losing control of the party founded by his father Bal Thackeray, continues to fight the Shinde faction in the Supreme Court. The Supreme Court is hearing petitions that question the foundation of the Shinde government, arguing that Mr Shinde and 15 other rebels were disqualified at the time of the trust vote.
Chief Justice Chandrachud commented during the hearing: “They broke bread for three years. They broke bread with (Congress) and NCP for three years. What happened overnight after three years of a happy marriage?”
The Governor, he said, has to ask himself this question – “What were you fellas doing for three years? If it was one month after the election takes place and they suddenly bypassed the BJP and joined INC, that’s different. Three years you cohabit and suddenly one fine day group of 34 say there is discontent. Enjoying the spoils of office and suddenly one day you just…”
What was the basis for a floor test, the bench asked repeatedly.
“Governor’s trust vote is where the majority in the house is shaken. Where was there anything to indicate that?” Justice Chandrachud questioned.
When the Solicitor General Tushar Mehta argued that the rebels had lost confidence in Uddhav Thackeray, Chief Justice DY Chandrachud said: “Discontent in the party by itself will not justify governor calling a trust vote.”
The Chief Justice said the Governor cannot be oblivious of the fact that in a three-party coalition, dissent took place only in one.
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