INSUBCONTINENT EXCLUSIVE:
no constitutional power or discretion to protect rebel MLAs from disqualification under anti-defection law for defying Shiv Sena party whip
So, which party approached the governor demanding that CM Thackeray should face a trust vote? Split in the party is no longer a defence for
delinquent MLAs against disqualification under the 10th Schedule
The governor legitimised the split as a legal means to topple an elected government
The SC must strike down the decisions of the governor in asking Thackeray to face a trust vote and then swear in Shinde as CM, despite
knowing fully well that Shinde himself faced disqualification
generously with constitutional morality references to create a constitutional scarecrow
disqualification notices and wide apprehensions about the Thackeray-led MVA government losing majority in the House? The governor did not
invite Shinde at the first instance to form government but gave a chance to the MVA to prove its majority on the floor of the House
steps to ensure upholding of the high constitutional principle that the CM must enjoy the confidence of the House
If he does not do that then he would be allowing a CM, who does not enjoy the majority of the House, to continue
When the rebellion or disqualification appears to have brought in instability, the governor, prima facie, had to ask the CM to prove that he
enjoyed majority support of the House
disqualified and did not vote, the MVA did not have the numbers in the House
