Satya Prakash
New Delhi, February 15
Taking exception to the Maharashtra Governor commenting on formation of government in the state, the Supreme Court on Wednesday said the Governor should not enter the political arena.
“How can the Governor be heard to say all this on the formation of government between Shiv Sena and BJP? How can the Governor say this? We are only saying the Governor should not enter the political (arena)…,” a five-judge Constitution Bench led by CJI DY Chandrachud said during a hearing on constitutional issues arising out of the recent political crisis in Maharashtra.
The comment from the Bench came after Solicitor General Tushar Mehta, representing the Maharashtra Governor, said the Uddhav Thackeray-led Shiv Shena formed a government with those against whom the party fought in the Assembly election. Mehta clarified that he was only pointing out facts to facilitate a constitutionally correct decision.
“There was a pre-poll alliance between BJP and Shiv Sena. As Kihoto Hollohan’s judgement explains, when you go before a voter, you don’t go as an individual but as a representative with your shared belief or agenda. The voter doesn’t vote for individuals, but for ideology of the party,” Mehta argued.
Terming the constitutional questions arising out of the recent political crisis in Maharashtra as “tough”, the Bench, which also included Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha, said they have “very serious” ramifications for the polity.
PIL for framing ‘period leave’ rules
The Supreme Court on Wednesday agreed to take up on February 24 a PIL seeking a direction to the Centre and states/UTs to frame rules for menstrual pain leave for girl students and working women.
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