SC dismisses plea against post poll alliance in Maha

PTI Photo

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, saying in a democracy, it can't stop a political party from allying with another.

A special bench of Justices N V Ramana, Ashok Bhushan and Sanjiv Khanna told the petitioner please don't expect us to go into area where court has no jurisdiction.

"We can't curtail parties from forming an alliance in democracy...The constitutional morality is different from political morality," the bench added.

The bench also asked why it should enter into pre poll and post-poll alliance since all these things were for the people to judge. The court also explained it cannot ask the political parties to implement their manifestos on coming to power.

The court was hearing a petition 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 up for hearing 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 heard by the three-judge bench which had on November 26 ordered for floor test in the Assembly on November 27, precipitating resignation of BJP leader Devendra Fadnavis as Chief Minister and NCP leader Ajit Pawar as his deputy, who were sworn in on Saturday in a sudden turn of events, amid efforts by a combine of Shiv Sena-NCP-Congress to rustle up their alliance.

In his plea, Joshi contended Shiv Sena betrayed the mandate given by the people of Maharashtra, as it had fought the Assembly elections in pre-poll alliance with 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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