Here's why Supreme Court can't restore Uddhav Thackeray as Maharashtra CM

In a big jolt to Uddhav Thackeray, the Supreme Court on Thursday ruled that it cannot order the restoration of the Thackeray-led Maha Vikas Aghadi government. The top court, though stated that the exercise of discretion by the Governor was not in accordance with the Constitution, it also held that the court could restore the "status quo ante".

The five-judge constitutional bench of the apex court led by Chief Justice of India DY Chandrachud stated that then-Governor Bhagat Singh Koshyari "erred in relying on the resolution" of a faction of MLAs of Shiv Sena to conclude Thackeray had lost the support of the majority of MLAs. "Exercise of discretion by the Governor was not in accordance with the Constitution," the CJI said.

Status quo ante cannot be restored: SC

Speaking on relief to the Uddhav Thackeray faction, CJI Chandrachud said that petitioners (Uddhav camp) argued for restoring the status quo ante. "However, Mr Thackeray did not face the floor test. Had Mr Thackeray not resigned, this Court could have restored," the CJI asserted, rejecting the demand of restoring the MVA govt and him as the CM. The top court also refused to interfere with the formation of the Eknath Shinde government with the support of the Bharatiya Janata Party as Uddhav resigned without facing a floor test.

#BREAKING NOW | Supreme Court holds that it cannot order the restoration of Uddhav Thackeray government as he resigned without facing floor test, although the Governor's decision for floor test was wrong and Speaker was wrong in appointing whip of Eknath Shinde group.#SC pic.twitter.com/aNrscUYQOe

— Republic (@republic)

"Status quo ante cannot be restored as Mr Thackeray did not face the floor test and tendered his resignation. Hence the Governor was justified in administering the oath to Mr Shinde with the support of the largest party BJP," the CJI said.