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Raut also asserted that since the process of formation of the government was illegal, the Shinde government is illegal. “Sunil Prabhu remains the official whip of Shiv Sena as per SC’s observations, so rebel MLAs stand disqualified,” Raut said. The Supreme Court on Thursday held the Maharashtra governor was not justified in calling upon then chief minister Uddhav Thackeray to prove majority in the Assembly on June 30 last year but refused to order status quo ante, saying he did not face the floor test and resigned. In a unanimous verdict on a batch of pleas related to the political crisis that led to the fall of the Maha Vikas Aghadi (MVA) government led by Thackeray following a revolt by the Eknath Shinde faction, a five-judge Constitution bench headed by Chief Justice of India D Y Chandrachud held that House speaker’s decision to appoint Bharat Gogawale of the Shinde faction as the whip of Shiv Sena was ”illegal”.
It, however, said since Thackeray had resigned without facing the floor test, the governor was justified in inviting Shinde to form government at the behest of the BJP which was the largest political party in the house.