Shinde Government to continue in Maharashtra (Read SC Judgment)

Subhash Desai Vs Principal Secretary, Governor of Maharashtra & Ors. (Supreme Court of India)

The petitioners have challenged the exercise of discretion by the Governor in inviting Mr. Shinde to form the government on two grounds: first, Mr. Shinde’s appointment is barred by Article 164(1B) of the Constitution; and second, the Governor has exceeded the scope of his authority by recognizing one of the two rival factions as being the “real” Shiv Sena. These submissions are addressed in turn.

a. Mr. Shinde’s appointment is not barred by Article 164(1B) of the Constitution

197. Article 164(1B) of the Constitution is reproduced below:

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