The Economic Times | 4 days ago | 23-06-2022 | 05:50 pm
New Delhi, The Governor has to act on the aid and advice of the council of ministers if the chief minister continues to enjoy majority, but can exercise discretionary powers in ordering floor test, dissolution of house or exploring possibilities for government formation if he has doubts over the majority of the ruling dispensation, according to legal experts on Thursday. The gubernatorial powers including the discretionary ones have taken centre stage in the wake of the ongoing political crisis in the Shiv Sena, one of the three constituents of the Uddhav Thackeray-led Maharashtra Vikas Aghadi (MVA) government in Maharashtra, amid speculation that the Governor may be advised to dissolve the state Assembly. Rebel Shiv Sena leader and state minister Eknath Shinde, who claims to have the support of 46 MLAs, including independents, has given a letter to the deputy speaker of the Assembly, signed by 35 Sena MLAs, replacing Sunil Prabhu with Bharat Gogavale as the chief whip of the Shiv Sena legislature party. Senior lawyer and constitutional law expert Rakesh Dwivedi and senior advocate and SCBA president Vikas Singh were of the view that the Governor has some discretionary powers if he has reasonable belief that the government does not enjoy the majority support in the Assembly and in that situation, he is not bound by the aid and advice of the council of ministers and may ask the chief minister to take up the floor test. Another senior lawyer Ajit Kumar Sinha said a floor test is the main test to ascertain as to who has the majority support. Referring to the ongoing crisis in Maharashtra, Vikas Singh, however, said that in the current situation Governor Bhagat Singh Koshyari would be bound by the aid and advice of the council of ministers as presently, "this is purely an internal party squabbling and it has nothing to do with the Governor". "This is not the case where he (Thackeray) has lost the majority. This is the case where his leadership is under challenge inside his own party... Unless the three constituents elect another leader of the MVA, he (Uddav Thackeray) continues to remain the leader. Internal differences do not change the leadership of the government. The Governor will be bound by the advice of the council of ministers," Singh said. "Unless, these 36 (rebel) MLAs write to the Governor saying that we withdraw the support only then the Governor will have some role...," Singh added. Dwivedi said that under the Constitution, normally the Governor has to act only on the aid and advice of the council of the ministers but on the assumption that the chief minister is continuing to enjoy the majority in the House. "That is the underlined assumption. The Governor is not bound by the advice of a ministry which has lost majority and the confidence of the house". He said the Governor will have some choices in this state of affairs if the chief minister loses "confidence, majority" of the assembly. "The Governor has to satisfy himself whether the government continues to enjoy a majority. He can call the chief minister either personally or digitally or telephonically. And, if the CM claims that he continues to have the majority and the Governor has doubts then the Governor will ask him to establish his majority on the floor of the House," Dwivedi added. Referring to the constitutional provisions, Sinha said the Governor has the power to invite any stakeholder who comes forward with the claim of having the requisite number and if he finds the claim "credible" then he would ask the Speaker to hold the floor test. Article 174(2)(b) of the Constitution gives powers to the Governor to dissolve the Assembly on the aid and advice of the Cabinet. However, the Governor can apply his mind when the advice comes from a chief minister whose majority is under reasonable suspicion. Dwivedi said if Chief Minister Uddhav Thackeray admits that he has lost majority then the Governor will have a choice either to dissolve the assembly or to then call for the meeting with the leader of the opposition Devendra Fadanvis and to enquire whether the BJP leader is willing to to form a government or not. "If he finds that the other formation is unwilling to form the government then the Governor will have no option but to dissolve the assembly." The Maharashtra assembly has 288 seats and the ruling MVA has 169 lawmakers including 56 MLAs of the Shiv Sena. The opposition BJP has 106 MLAs.
Leader of Opposition in West Bengal Assembly Suvendu Adhikari on Monday hinted at toppling of the Mamata Banerjee-led Trinamool Congress (TMC) government in the state in 2024 after doing the same in Maharashtra, Rajasthan and Jharkhand.The BJP leader’s controversial statement came in the backdrop of a political turmoil in Maharashtra where the alliance party government is struggling stay afloat following withdrawal of support from a section of MLAs.Addressing party workers in Cooch Behar district on Monday, Adhikari said, “It won’t have to be in 2026 (next state Assembly polls). The ouster will take place in 2024. Just wait a little more. We will oust this government in 2024. This has just begun in Maharashtra. Next it will take place in Jharkhand and Rajasthan. After Maharashtra, Jharkhand and Rajasthan, we will reach West Bengal.”His remarks did not go down well with the ruling dispensation in West Bengal with the Trinamool Congress slamming the BJP for its attempt to topple elected government in Opposition-ruled states.“This shows the BJP’s mindset when it comes to respecting democratic norms in the country. They want to grab power by any means and that’s what they have planned for all opposition-ruled states. But Suvendu Adhikari is living in a fool’s paradise. In 2024, the BJP will go out of power,” said TMC state general secretary Kunal Ghosh.
With the Supreme Court extending the deadline for them to file a response to disqualification notices, the Shiv Sena’s rebel group led by Eknath Shinde is learnt to be strategising to approach the Governor, informing him of their decision to withdraw support from the MVA, and thereby, prompting a floor test.Highly placed sources said, “The Shinde faction is likely to approach Governor Bhagat Singh Koshyari at Raj Bhawan, informing its decision to distance itself from Maha Vikas Aghadi (MVA) government.”Claiming to have 50 plus MLAs in its fold, Shinde camp’s decision to step out of MVA would raise a question on the numbers with Uddhav Thackeray led MVA government, which could find it difficult to prove its majority on the floor of the house if the rebel MLAs were to stick together, the sources added.The development has also sparked worries in the Sena with a senior leader pointing out: “While the Apex court has given two weeks’ time to the rebels to respond to disqualification notices served by deputy speaker Narhari Zirwal, our plea for disallowing floor test till July 11 was not considered.”Shinde camp’s confidence stems from its belief that it holds two-third majority in the Shiv Sena. At present, it is claiming support of 39 MLAs out of total 55 MLAs of the Sena. Besides, there are over 10 MLAs from smaller parties/independents with them. Their total support base has risen to over 50, the Shinde camp has claimed.The total strength of the state legislative assembly is 288 members, which has gone down to 287 with the death of Sena MLA Ramesh Latke last month. The halfway mark to form the government is 144.With Congress’s 44, NCP’s 53 and Sena’s 16 legislators, the aggregate strength of the allies stands at 111 — 33 short of the halfway mark. The number of independents/smaller parties adds up to 29 members, of which around 11 are with Shinde camp. Sources say that even if all the remaining 19 were to align with MVA, the figure still won’t cross 130.“Minus Shinde faction, MVA finds itself confronting the battle for survival in Maharashtra,” the source said.Expressing his happiness after the SC order, Shinde said, “It is a victory for Balasaheb’s Hindutva. We have always maintained that we have not walked out of Sena. Our fight is for the self respect of Sena.”Sources in the Shinde faction said, “A lot of deliberations are underway on the next course of action. We are still fighting for the rights to lead the Sena. With majority members with us, Shinde’s leadership in the party’s legislative assembly cannot be divested. We always wanted Sena to walk away from the Congress and the NCP.”Shinde’s son Shrikant alleged that the disqualification notice to his father and 15 MLAs were sent by the deputy speaker under pressure.Meanwhile, the BJP, which convened its core committee meeting at the residence of opposition leader Devendra Fadnavis on Monday, has decided to adopt “wait and watch” strategy. State BJP president Chandrakant Patil said, “What is happening is an internal matter of Shiv Sena. We are also closely monitoring the developments.”Another senior leader, Sudhir Mungantiwar, said, “Shinde group is still not considering itself separate from Shiv Sena. At the same time, they have the support of a majority of members. So, we need to see how the situation evolves.”
MUMBAI: A week after the revolt began for control of Shiv Sena, Maharashtra CM Uddhav Thackeray on Monday stripped all nine ministers from rebel leader Eknath Shinde's camp of their portfolios. They will remain ministers but without portfolios. By now, of the 14 ministers in the Thackeray-led government, only four including the chief minister, are from Shiv Sena. The others are industries minister Subhash Desai, transport minister Anil Parab and environment minister Aaditya Thackeray. They have all got additional portfolios. Monday's Supreme Court verdict protecting the rebel Sena MLAs from disqualification proceedings till July 12 led to speculation about whether a floor test is imminent. "The government is in a minority. The chief minister should leave the MVA government and join BJP. Then there will be no need for a floor test," rebel MLA Deepak Kesarkar said. Sena's Aaditya Thackeray countered, "The rebels should come here, look into our eyes and tell us what we did wrong. That is our floor test." Congress member Balasaheb Thorat said, "No one has asked for a floor test. The CM has said 20 MLAs who are in Guwahati will back the government in the event of a trust vote." BJP's Sudhir Mungantiwar said the party will "wait and watch" and would consider such a proposal when it came. The cabinet reshuffle was prompted by concerns about work being held up. Also, by the onset of monsoon and the possibility of flooding or accidents, a press statement from Thackeray's office said. Under rule 6 of the rules of business, the chief minister has powers to re-allocate portfolio of a cabinet minister if he is not attending office since he is unwell or is not able to discharge duties. This is done to ensure works of public interest as well as routine work are not affected. Read AlsoEight ways to lose your political partyWhen politicians lose an election, they stand a chance of bouncing back in the next one. But what happens when they lose their party? It was initially decided to sack all nine rebel members, a bureaucrat said. But the Sena leadership dropped the proposal and decided to strip them of their portfolios. Meanwhile, rebel MLA Shamburaje Desai, who lost his junior minister portfolio, said, "We had no rights as junior ministers. The position was only in name. We were not able to get funds for our constituencies." Read AlsoDid Uddhav hear what BJP said about Shinde last summer?The Shiv Sena was casual about numerous signs of discontent brewing in the party. Was it over-confidence or power lulling a party into laziness?Security of Guwahati hotel housing rebel Sena MLAs tightened furtherSecurity inside and outside Radisson Blu hotel in Guwahati, where rebel Shiv Sena MLAs are camping, was upgraded to an impenetrable level on Monday, a day after the Centre provided Y+ category security cover of armed CRPF personnel to at least 15 of them, reports Prabin Kalita. Apart from a few top officers of Assam Police, a group of advocates were the only civilians allowed entry inside the hotel on Monday. In addition, crew members of several airlines that have agreements with the hotel were also allowed inside. Read AlsoWho owns brand Bal Thackeray: Saininks or the Thackerays?The rebel Shiv Sainiks led by Eknath Shinde have decided to call themselves Shiv Sena Balasaheb. This has opened a new front in their battle with Uddhav Thackeray – a brand warThe president of Shiv Sena unit in Manipur, M Tombi Singh, who had come to meet the rebel legislators, was stopped at the gates and then arrested after he was spotted talking to media outside the hotel gates. “I’ve come to talk to Eknath Shinde and tell him not to divide the party. Sena should remain as one party and we want the political crisis to end soon,” he said.
The Supreme Court’s order on Monday, extending the time for Eknath Shinde and 15 other rebel MLAs in the Maharashtra State Legislative Assembly to file written response to the Deputy Speaker’s disqualification notice till July 12, was deemed as a victory by the rebel camp. On the other hand, the Shiv Sena also put up a brave front stating that the interim order had only postponed the inevitable disqualification of the rebel MLAs.“We have won this major battle as the court has given us a major relief and we have time to contemplate on how to take the next step, whether we have to come to Mumbai for floor test or not. We have given all the authority of decision to Shinde saheb who will decide on the further course of action,” rebel MLA Bharat Gogawale, the chief whip of the Shinde camp, said.When asked if there is any plan on joining hands with the BJP, Gogawale, said, “We have 51 MLAs and we have to go with someone to form an alliance. We cannot go with the Congress or the NCP and there is only one option, which is the BJP.”Deepak Kesarkar, the spokesperson of the Shinde camp, said that the Bharatiya Janata Party (BJP) and Shiv Sena will form the government in the state, adding that their leader will be Uddhav Thackeray and that the Congress and the NCP should walk out of the government “instead of asking Thackeray saheb to resign”.Arvind Sawant, Shiv Sena Member of Parliament from South Mumbai, who has been spearheading the battle for disqualification for the MVA, however, called the interim order as “postponement of the inevitable disqualification”.“They have only got time…that doesn’t mean it is a setback to MVA (Maharashtra Vikas Aghadi). The process has just been postponed. Now we are in a wait-and-watch position and we will decide on our further course of action depending upon what they (the rebel camp) are doing,” Sawant said.
The Eknath Shinde-led rebel camp has launched a frontal attack on Shiv Sena Parliamentarian Sanjay Raut — the main strategy aide and lead architect of Uddhav Thackeray’s policy to align with the Congress-NCP, terming him as “the agent provocateur who is out to finish the Shiv Sena”. The attack by the rebels on Raut comes on a day when the latter has been served a notice by the Enforcement Directorate (ED) to appear before the agency on Tuesday.“We belong to Balasaheb Thackeray. We Sainiks of the Shiv Sena who stepped out for a few days have been called garbage and pigs. Those who have been elected to the Rajya Sabha on our votes are the ones that are using this vitriolic language against us. They are now even baying for our blood,” Shiv Sena MP Deepak Kesarkar, who is the spokesperson of the rebel camp, said in a statement.Shiv Sena MP Sanjay Raut on Sunday termed the rebel MLAs as “living corpses who would be sent to a mortuary for post-mortem” on their return from the Assam capital. Raut’s statement had received flak from the Opposition and the Shinde camp, which termed it as a “death threat” to the rebels.🚨 Limited Time Offer | Express Premium with ad-lite for just Rs 2/ day 👉🏽 Click here to subscribe 🚨On Monday, the rebel camp stated that since 2014, when the Sena and the BJP came together after a rift, Raut had been “spraying vitriol” on the BJP government at the Centre.“There was a deliberate attempt to create a division between the BJP and the Shiv Sena by constantly criticising Modi despite having representation in the central government and allying with the BJP in the Maharashtra government. We brought this issue to the notice of the party leadership from time to time. However, it was of no use. Every day extremely vulgar words would be used. Even the Congress and the NCP were not this harsh in their criticism in comparison to Raut and the words that he would use,” Kesarkar said.The letter stated that Raut was being given importance even though he had never contested any Assembly or Lok Sabha election. The rebels claimed that Raut was extremely close to NCP chief Sharad Pawar and was acting at his behest. The rebels also accused Raut of creating a rift between Sena MLAs and party chief, CM Uddhav Thackeray.“You can take the Shiv Sena away from the BJP but if you conspire to wean the Sena off Hindutva, we will not accept it. If the Sena is going to be run as per the wishes of Sanjay Raut, and MLAs like us who have been elected multiple times are pushed away, then what are we expected to do? Sanjay Raut is responsible for the widening gap between us and Udddhav ji. The NCP leaders have used Sanjay Raut’s shoulder to fire the gun against the Sena and weaken it,” Kesarkar said.Raut, 61, is a four-term Rajya Sabha MP. Raut, who started off his career as a journalist, was handpicked by Sena founder Bal Thackeray as the editor of Saamana on May 1, 1991 and was made a member of the Upper House in 2004. He has since been deemed to be part of the inner coterie that surrounds Uddhav Thackeray. His proximity to the Thackerays despite not having a political base of his own had left many Shiv Sena leaders disgruntled. Since the passing of Bal Thackeray, Raut is said to have become one of the most important political counsellors of Uddhav Thackeray. He is also deemed to be the “architect-in-chief” who convinced Uddhav to break bond with the BJP and join the Maharashtra Vikas Aghadi (MVA) — the unlikely triumvirate of the NCP, the Congress and the Shiv Sena.