The decision of the Constitution Bench against Shinde would essentially be an adverse view against the Governor’s decision, requiring Thackeray to prove his majority on the floor of the House without his constitutional grounds for doing so. was asked for. In turn, it may also thwart Koshyari’s invitation to Shinde to form government in the state with the support of the BJP. If the court finds constitutional flaws in the governor’s decision, it may result in the fall of the current state government.

But such an action would raise a more complex question because Thackeray had resigned without facing a floor test and, therefore, it was automatic for him to declare Koshyari’s decision bad in law. Can’t formally reinstate as CM. In such a scenario, the Constitution Bench may have to chart a constitutionally and legally permissible path where both Shinde and Thackeray face disqualification proceedings as well as have to prove their strength in the Assembly following due process. be placed on an equal footing. by the court