SUBHASH DESAI Vs. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA

JUDGEMENT

(1.) The Writ Petitions instituted before this Court under Article 32 of the Constitution arise from the political imbroglio in the State Legislature of Maharashtra. A coalition consisting of the Shiv Sena, the Nationalist Congress Party,("NCP") the Indian National Congress,( "INC ") and certain independent Members of the Legislative Assembly( "MLA ") formed the government in the State of Maharashtra with Mr. Uddhav Thackeray of the Shiv Sena as the Chief Minister. Certain events transpired in mid-2022 which led to the formation of a new government by a coalition consisting of a faction of the Shiv Sena (which claimed to the "real " Shiv Sena), the Bharatiya Janata Party,( "BJP ") and certain independent MLAs. Mr. Eknath Shinde of the Shiv Sena helmed the second government as its Chief Minister. The change in the composition of the government in the State of Maharashtra was precipitated by the emergence of two factions within the Shiv Sena. Various issues arising from these events fall to be determined by this Court in these proceedings. A detailed narration of the factual background follows.

(2.) The Shiv Sena was founded in 1966 in Maharashtra. The Election Commission of India("ECI") recognizes the Shiv Sena as a state political party. The organizational election of the party for the term extending from January 2018 to January 2023 was held on 23/1/2018 and Mr. Uddhav Thackeray was elected as the Party President or the 'Paksh Pramukh. '

(3.) The elections to the 14th Legislative Assembly of Maharashtra were held in October 2019. Of a total of two hundred and eighty-eight seats, the BJP returned candidates in one hundred and six seats, the Shiv Sena in fifty-six seats, the NCP in fifty-three seats, and the INC in forty-four seats. Independent candidates were returned in thirteen constituencies and the remaining constituencies returned candidates from various other parties. In November 2019, the Shiv Sena, the NCP, and the INC formed a post-poll alliance which came to be known as the Maha Vikas Aghadi.("MVA") The MVA successfully staked a claim to form the government in Maharashtra and Mr. Uddhav Thackeray was sworn in as the Chief Minister. On 25/11/2019, pursuant to a meeting chaired by Mr. Uddhav Thackeray, all fifty-six MLAs of the Shiv Sena issued a communication to the Speaker of the Maharashtra Legislative Assembly intimating him that Mr. Eknath Shinde was appointed as the Group Leader of the Shiv Sena Legislature Party ("SSLP") and that Mr. Sunil Prabhu was appointed as the Chief Whip of the SSLP.