The Supreme Court on Friday dismissed a petition seeking a declaration that the post-poll alliance by Shiv Sena-NCP-Congress in Maharashtra was unconstitutional.
A special bench of Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna asked the petitioner to not expect the court to go into an area where it has no jurisdiction. "Why should we enter into a pre-poll and post-poll alliance?" the bench asked.
"We can't curtail parties from forming an alliance in democracy...Constitutional morality is different from political morality," the bench said.
The petition was filed by Pramod Pandit Joshi, the Spokesperson of Akhil Bharat Hindu Mahasabha. His counsel contended the post-poll alliance was in breach of trust of the people who voted for the BJP and Shiv Sena alliance.
The matter came before the court a day after swearing-in of Shiv Sena chief Uddhav Thackeray as Chief Minister of the state as the leader of 'Maha Vikas Aghadi'.
It was posted before the three-judge bench, which had on November 26 ordered for floor test in the Assembly on November 27, resulting in the resignation of BJP leader Devendra Fadnavis as Chief Minister and NCP leader Ajit Pawar as his deputy.
In his plea, Joshi contended Shiv Sena betrayed the mandate given by the people of Maharashtra, as it had fought the Assembly elections in a pre-poll alliance with the BJP which emerged as the single largest party in 288-member Assembly. However, Shiv Sena formed the government in post-poll alliance with NCP and Congress, it said.
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