Case BriefsSupreme Court

Supreme Court: The Vacation Bench of Surya Kant and JB Pardiwala, JJ has given a go ahead to the Special Session of the Maharashtra Vidhan Sabha to be convened at 11:00 on 30.0­6.­2022 for trust vote.

The order came when Senior Advocate Abhishek Manu Singhvi mentioned the matter before the Court at 5pm on 29.06.2022 and the hearing concluded at 9pm. The writ petition sought for setting aside the Maharashtra Governor’s communication/directions dated 28­6­2022 to the Chief Minister of   Maharashtra as also the Secretary, Maharashtra Legislative Assembly to conduct the Trust Vote on 30.06.2022 and conclude it by 5pm.

The Supreme Court has “found no reason” to interfere with the aforementioned direction and has directed that the special session be conducted as per the Governor’s directions. As an aftermath of the order, Uddhav Thakrey has resigned as the Chief Minister of Maharashtra[1].

[Sunil Prabhu v. Governor of Maharashtra, 2022 SCC OnLine SC 776, order dated 29.06.2022]


For petitioners: Dr. Abhishek Manu Singhvi, Sr.Adv., Mr. Devadatt Kamat, Sr. Adv., Mr. Javedur Rahman, AOR, Mr. Rajesh Inamdar, Adv., Mr. Shivendra Singh, Adv., Mr. Hemant Shah, Adv., Mr. Amit Bhandari, Adv., Mr. Sunny Jain, Adv., Mr. Nidhiram, Adv., Mr. Harsh Pandey, Adv., Mr. Revanta Solanki, Adv.

For Respondent(s): Mr. Tushar Mehta, SG, Mr. Satyapal Jain, ASG, Mr. Neeraj Kishan Kaul, Sr. Adv., Mr. Siddharth Bhatnagar, Sr. Adv., Mr. Rajat Nair, Adv., Mr. Kanu Agarwal, Adv., Mr. A.K. Sharma, AOR,  Mr. Siddharth Dharmadhikari, Adv., Mr. Abhikalp Pratap Singh, AOR, Ms. Gunjan Mangla, Adv., Ms. Aagam Kaur, Adv., Mr. Abhay Anturkar, Adv., Ms. Aarzoo Aneja, Adv., Mr. Dhruv Sharma, Adv., Ms. Ira Mahajan, Adv., Ms. Pracheta Kar, Adv., Ms. Aadya Yadav, Adv., Mr. Toshiv Goyal, Adv., Mr. Raghav Agrawal, Adv., Mr. Ramchandra Madan, Adv., Mr. Deepak Joshi, Adv., Mr. Maninder Singh, Sr. Adv., Mr. Mahesh Jethmalani, Sr. Adv., Mr. Chirag Shah, Adv., Mr. Utsav Trivedi, Adv., Mr. Abhinay, AOR, Mr. Himanshu Sacheva, Adv., Ms. Manini Roy, Adv., Mr. Pooran Chand Roy, Adv., Ms. Shivani Bhushan, Adv., Mr. Rahul Garg, Adv., Mr. Prabhas Bajaj, Adv., Mr. Pranav Saigal, Adv., Mr. Rahul Chitnis, Adv., Mr. Sachin Patil, AOR, Mr. Geo Joseph, Adv., Ms. Shewtal Shepal, Adv.


[1] The Tribune, June 29, 2022, https://www.tribuneindia.com/news/nation/thackeray-govt-floor-test-live-updates-supreme-court-begins-hearing-on-shiv-senas-plea-challenging-governors-direction-to-govt-408027

Case BriefsSupreme Court

Supreme Court: The 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Aniruddha Bose, JJ has requested the Karnataka Speaker to decide on the resignations of 15 rebel congress MLAs as soon as possible but has said that the MLAs cannot be compelled to attend the Trust Vote tomorrow.

The question before the Court was whether resignations submitted by Members of the Legislative Assembly at a point of time earlier than petitions for their disqualification under the Tenth Schedule of the Constitution should have priority in the decision making process or whether both sets of proceedings should be taken up simultaneously or the disqualification proceedings should have precedence over the request(s) for resignation.

The Court, however, said that in the light of the facts and circumstances surrounding the same, the aforesaid questions should receive an answer only at a later stage of the proceedings. It said that the imperative necessity, at this stage, is to maintain the constitutional balance and the conflicting and competing rights. It, hence, permitted the Hon’ble Speaker of the House to decide on the request for resignations by the 15 Members of the House within such time frame as the Hon’ble Speaker may consider appropriate. It said,

“the discretion of the Hon’ble Speaker while deciding the above issue should not be fettered by any direction or observation of this Court and the Hon’ble Speaker should be left free to decide the issue in accordance with Article 190 3 read with Rule 202 of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly framed in exercise of the powers under Article 208 of the Constitution.”

The Court directed that the order of the Hon’ble Speaker on the resignation issue, as and when passed, be placed before the Court.

The Bench also made it clear that until further orders,

“the 15 Members of the Assembly, ought not to be compelled to participate in the proceedings of the ongoing session of the House and an option should be given to them that they can take part in the said proceedings or to opt to remain out of the same.”

The Trust Vote will take place on 18.07.2019.

[Pratap Gouda Patil v. State of Karnataka, 2019 SCC OnLine SC 863, order dated 17.07.2019]