The Bombay High Court on Thursday dismissed a public interest litigation filed by social activist Ketan Tirodkar, challenging Shiv Sena's decision to change its position from principal opposition to being a part of the ruling dispensation in the legislature after the state poll results were declared.
The Bombay High Court on Thursday dismissed a public interest litigation filed by social activist Ketan Tirodkar, challenging Shiv Sena's decision to change its position from principal opposition to being a part of the ruling dispensation in the legislature after the state poll results were declared.
A division bench of Chief Justice Mohit Shah and Justice BP Colabawala dismissed the PIL terming it misconceived. The court accepted the state's argument that there were no rules barring the opposition party from joining the government.
In his petition, Tirodkar had contended that Sena's move was against the House rules as members of an Opposition party cannot switch over to the treasury benches at least for six months after a trust vote is won.
The PIL requested the court to direct Speaker Haribhau Bagde and Chief Minister Devendra Fadnavis to frame rules to prevent Sena legislator Eknath Shinde, who was the leader of opposition earlier, from taking up a ministerial post for six months. It also sought a ban on Sena MLAs from joining the ruling benches for the same duration.
After it emerged as the single largest party in state elections, the BJP had won confidence motion by a voice vote in the Assembly. While the Sena initially occupied the opposition benches, it later joined the government. This step "was not legal", the petitioner had contended.
Since another no-trust motion cannot be brought within six months, which means the ruling party cannot be unseated during that period, the opposition party can't change its status during that period just for the sake of cabinet berths, stated the PIL.
However, the matter swung in favour of the BJP-led government after it told the court that there were no rules that prevented the opposition from joining the government.
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