Maharashtra: Courts won’t go into issue of post poll alliance, SC dismisses plea challenging the coalition of Maha Vikas Agadhi
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Maharashtra: Courts won’t go into issue of post poll alliance, SC dismisses plea challenging the coalition of Maha Vikas Agadhi

Shruti Mahajan

The Supreme Court today dismissed a petition challenging the post poll alliance of Shiv Sena, NCP and the Congress in the State of Maharashtra.

The Special Bench of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna took up for hearing a petition filed by a memeber of the Hindu Mahasabha, Pramod Pandit Joshi who opposed the post-poll alliance calling it a fraud on the voters mandate.

Not inclined to entertain the petition, Justice Ashok Bhushan asked Advocate Barun Sinha as to why the courts should enter this domain, when the question concerning pre-poll alliance and post-poll alliance has been decided by the Court in the past.

Among his prayers, the petitioner had sought to stop the oath taking ceremony of the newly sworn in Chief Minister and the Deputy CM. Justice Ramana pointed out that this prayer has been rendered infructuous.

The petitioner who sought to invoke Freedom of Expression and the Freedom of the Press under Article 19(1)(a) was quickly told by Justice Sanjiv Khanna that these arguments have no link with the matter at hand.

The petitioner sought to argue on the issues of difference in ideology, manifesto, and other such aspects questioning the formation of the Maha Agadhi alliance. In response, Justice Ramana, told the petitioner,

Constitutional Morality is different from Political morality. In a democracy we cannot curtail political parties’ right to form alliances.

Justice Ramana added that the courts do not have the jurisdiction to pass directions or issue mandamus in case promises made by the parties are not fulfilled. Justice Ramana made it abundantly clear that the issue of alliances of parties is not a domain that the court can enter into and said,

Don’t expect us to go into areas where the court has jo jurisdiction. The political parties have to abide by the promises made and we expect the parties to abide by the promises. But if for some reason they don’t, we cannot do anything about it.”

Thus, the Court went on to dismiss the petition.

[Read Order]

Prasad-Pandit-Joshi-vs-UOI.pdf
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