NEW DELHI: Former Maharashtra CM Uddhav Thackeray on Thursday told the Supreme Court that governor B S Koshiyari’s decisions to force the MVA government face a trust vote and then appoint rebel MLAs’ leader Eknath Shinde as CM were liable to be struck down as the governor had no constitutional power or discretion to protect rebel MLAs from disqualification under anti-defection law for defying Shiv Sena party whip in June last year.Thackeray-faction’s counsel Kapil Sibal said, “The rebels claim they have not quit the Shiv Sena.

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.

If the SC upholds the governor’s actions and the machinations of the rebelMLAs, it will sound the death knell for democracy”.Abench of CJI D Y Chandrachud, and Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha appeared unconvinced by Sibal’s arguments sprinkled generously with constitutional morality references to create a constitutional scarecrow.

The CJI-led bench asked, “Can the governor keep his eyes and ears closed to the political developments about rebel MLAs being given 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.

” The bench said, “Even if the governor knew that the rebels have incurred disqualification because of defection or split, can’t he take 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.

”The bench did some basic arithmetic on the numerical strength of SS, BJP, Congress and NCP in the House and said even if the 39 were disqualified and did not vote, the MVA did not have the numbers in the House.

“If Thackeray had faced the trust vote, it would have been clear whether the 39 rebel MLAs voted against it, and whether their number was crucial to MVA’s majority claim,” it said.