Mahesh Jethmalani on SC verdict says MVA leaders clutching at straws from defeat

Bharatiya Janata Party (BJP) and  senior lawyer Mahesh Jethmalani  made light of the Congress and its Maharashtra allies’ claim of victory following the Supreme Court verdict on the political upheaval in the state last year, saying it amounted to these parties clutching at straws from defeat.

Rajya Sabha member said the Supreme Court has in fact given a constitutional cloak to the BJP-Shiv Sena government which was sworn in after Uddhav Thackeray resigned as a majority of his party’s MLAs changed their allegiance to Eknath Shinde who replaced him at the helm.

Shinde faction of Shiv Sena was later recognised by the Election Commission as the real Shiv Sena due to the majority support it enjoyed in the party’s legislature groups in the state and in Parliament. Jethmalani said the Supreme Court, in its judgment on Thursday, rejected five of the seven prayers made by the petitioners and granted only two.

With the court disapproving then governor Bhagat Singh Koshyari’s decision to call a floor test for Thackeray to prove his majority, the senior lawyer said it was a sham, hollow and irrelevant victory for the Maha Vikas Aghadi, the coalition of the Congress, NCP and the Uddhav faction of Shiv Sena, as it had no “practical” effect as the judges in their unanimous verdict also upheld the swearing-in of Shinde.

He said the Supreme Court has only asked the Assembly Speaker to revisit the matter of recognising Bharat Gogawale as the chief whip of the Shiv Sena while setting aside the earlier decision as against the law. Gogawale can be appointed to the position again, he said. The Speaker will decide on the matter, including the issue of disqualifying MLAs who had rebelled and backed Shinde, on merit, the Rajya Sabha MP added.

The senior lawyer also slammed Thackeray and his allies for claiming moral victory, saying the morality of the issue was preconceived as it was the former chief minister who broke his party’s pre-poll alliance with the BJP after winning due to the charisma of Prime Minister Narendra Modi. Thackeray did it to become chief minister and he betrayed the will of the people which is the most important aspect in a democracy, Jethmalani said.