If Uddhav fails to prove majority, he has no option but to resign: Experts

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Published : Jun 22, 2022, 6:43 PM IST

If Uddhav fails to prove majority, he has no option but to resign: Constitution experts

Eminent constitutional expert Subhash Kashyap while speaking to ETV Bharat's national bureau chief Rakesh Tripathi said that if Maharashtra Chief Minister Uddhav Thackeray loses the majority in the Assembly, then he hs no other choice but to resign from the post.

New Delhi: Amid the ongoing political crisis in Maharashtra, Shiv Sena MP Sanjay Raut's comment that the Assembly can be dissolved has sparked a debate as to whether the current constitutional situation in the state is suitable for the Assembly to be dissolved.

Rebel Shiv Sena leader Eknath Shinde who broke away from the party claims that he has the support of 40 MLAs. Speculations are rife that BJP is trying to form a government in Maharashtra taking advantage of the current political situation. Speaking to ETV Bharat eminent constitutional expert Subhash Kashyap said that if Maharashtra Chief Minister Uddhav Thackeray loses the majority in the Assembly, then he has no other choice but to resign from the post.

As for the possibility of the Assembly being dissolved, Kashyap said that the Chief Minister can only recommend the dissolution of the Assembly to the Governor of the state adding that only the governor has the power to do so. "Following the Chief Minister's recommendation the Governor will like to be sure whether the government has a majority in the house or not," said Kashyap. He also said that if the Governor has any doubt in this regard, he will ask the Government to prove its majority on the floor of the House.

Also read: Maha Sena crisis: Raut hints at dissolution, Shiv Sena issues whip, Shinde faction elects new chief whip

Kashyap pointed out that if the Government fails to prove its majority in the House, then it will fall and the Chief Minister will have to resign. "The Speaker has no role in this except to manage the proceedings of the House. There is currently no Speaker in the Maharashtra Legislative Assembly, so the Deputy Speaker will also have the same role as the Speaker," he added.

To what will happen since the Governor is currently unwell, Kashyap said that in such a situation the governor can postpone his decision for a few days, till he recovers. "It may also happen that the Governor will tell the Centre that he is not in a position to work and the task should be given to someone else," Kashyap said. "In such a situation, the President can give these powers to the Governor of a nearby state, or the Chief Justice of the High Court of that state can also be given the responsibility," he added.

However, currently, Shiv Sena is facing another crisis. If Eknath Shinde has the support of two-thirds of the total MLAs of Shiv Sena, then a separate party can be formed. Eminent Supreme Court lawyer and constitutional expert Ashwini Dubey said that in such a situation there will be a floor test in the House and if Shinde can prove that he has the support of two-thirds of the MLAs, then he will be recognised as the leader of the faction in the House. "But the question of which is the real Shiv Sena will be decided by the Election Commission of India," he said.

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