SC dismisses plea to remove Uddhav Thackeray govt from Maharashtra, impose President's rule
Oct 16, 2020
New Delhi [India], October 16 : The Supreme Court on Friday dismissed a plea seeking directions to remove the Chief Minister Uddhav Thackeray-led government from Maharashtra and impose President's rule in the state claiming the "failure of the constitutional machinery".
A bench of the apex court, headed by Chief Justice SA Bobde, refused to entertain the plea filed by Delhi residents Vikram Gehlot, Rishab Jain and Gautam Sharma.
"As a civilian you are at liberty to approach the President, don't come here. You are saying because some Bollywood actor has died, the Constitution is not being followed in Maharashtra. Every incident you are talking about is from Mumbai, do you know how big Maharashtra is? We are not entertaining it. Dismiss," the bench said while dismissing the plea.
The petition had submitted that the state machinery is being "misused" by political parties in power not only to shield criminals but also to encourage criminal activity being regularly and wontonly indulged in by the cadre.
Affairs of the state are not being carried out as per legal requirements and in an honest and sincere manner for the welfare of the citizens, it added.
To support its claims, the petition had mentioned incidents like the death of actor Sushant Singh Rajput, threats to actor Kangana Ranaut and demolition of her office and attack on former Navy officer Madan Lal Sharma allegedly by Shiv Seva volunteers.
"These are few instance but enough in themselves to show that the activities of the State administration are not carried out with the provisions of law and as per mandate of the Constitution but give a feeling that some sort of depotic rule is going on in the State of Maharashtra. The spirit of democracy, law and rule is that a State should act in a lawful manner to the benefit of common citizens and act as per law," the plea said.
"On the contrary, when the state machinery allows itself to be used as a band of persons throw law to the winds and take to oppressive activities at the instance of ruling dispensation which shows and establishes a failure of the constitutional machinery and require imposing of President's rule in the state," it added.
The plea also submitted that due to the various acts of "police high-handedness" and other state machinery and "gangsterism" resorted to by the members of the ruling Shiv Sena party under the direct protection of state police has raised a situation of grave emergency where the security of the residents of Maharashtra has been threatened.
Calling for President's rule, the plea said that if not the whole Maharashtra, it should be at least be imposed in Mumbai and Districts surrounding it and put under the charge of armed forces to ensure safety, well being and life of common citizens residing in that area.
"Declare a State of emergency in the State of Maharashtra and in any case in the city of Mumbai and neighbouring districts as a grave threat to the security of citizens residing there has arise due to direct conduct of present government, and bring it under the rule of armed forces to assist the civil administration," the plea said.
