Uddhav Thackeray vs Eknath Shinde : Supreme Court Poses Multiple Questions On Governor's Role | Live Updates From Hearing [March 15]
SG Mehta: The governor's responsibility is to ensure that a stable government is there.
CJI DY Chandrachud: But now we're on governor's power. Governor should not enter into any area which precipitates the fall of a government.
CJI DY Chandrachud: Can the governor call for the trust vote? Then you're virtually breaking the party. Looking at it in hindsight, they had lost the mathematical equation. They were not willing to disqualify 39 because it would be to their disadvantage.
CJI DY Chandrachud: The leader of the opposition will always write to the governor. Threat to security is not a ground for calling for trust vote. The only thing which survives is the resolution of the 34 MLAs.
CJI DY Chandrachud: The governor must equally be conscious of the fact that his calling for a trust vote may itself be a circumstance which may lead to toppling of a government?
CJI DY Chandrachud: Suppose there is a policy difference in a party on whatever aspects. Can the governor merely on that say that you must prove your trust vote?
CJI: The material before the governor was only three things - one the resolution by 34 MLAs that they reaffirmed that leadership would be with Eknath Shinde; two, the letter by 47 MLAs about threats and; third the letter by leader of opposition.
SG Mehta: Only satisfaction which the governor needs to reach is that a floor test is required. He doesn't need to say that you've lost majority.
CJI DY Chandrachud: He does that. He says you've lost the seats.
SG Mehta: So total 47 members pointing out the threats which have been administered.
SG Mehta: One leader of the party says- Let these MLAs come, once they come they'll find it difficult to leave and move around. There are not only 38 MLAs but 38 MLAs belonging to Shivsena. Prahar Janshakti party has 2 MLAs. So 40 and 7 independents.