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3. The elections to the 14th Legislative Assembly of Maharashtra were held in October 2019. Of a total of two hundred and eighty-eight seats, the BJP returned candidates in one hundred and six seats, the Shiv Sena in fifty-six seats, the NCP in fifty-three seats, and the INC in forty-four seats. Independent candidates were returned in thirteen constituencies and the remaining constituencies returned candidates from various other parties. In November 2019, the Shiv Sena, the NCP, and the INC formed a post-poll alliance which came to be known as the Maha Vikas Aghadi. 6 The MVA successfully staked a claim to form the government in Maharashtra and Mr. Uddhav Thackeray was sworn in as the Chief Minister. On 25 November 2019, pursuant to a meeting chaired by Mr. Uddhav Thackeray, all fifty-six MLAs of the Shiv Sena issued a communication to the Speaker of the Maharashtra Legislative Assembly intimating him that Mr. Eknath Shinde was appointed as the Group Leader of the Shiv Sena Legislature Party7 and that Mr. Sunil Prabhu was appointed as the Chief Whip of the SSLP. 5 “ECI” 6 “MVA” 7 “SSLP” PART A

14. Separately, Mr. Sunil Prabhu filed petitions for the disqualification of two independent MLAs as well as one MLA of the Prahar Janshakti Party on 25 June 2022 and against twenty-two MLAs of the Shiv Sena on 27 June 2022.

15. On 28 June 2022, the then Leader of Opposition Mr. Devendra Fadnavis addressed a letter to the Governor inter alia conveying that he believed that the then Chief Minister, Mr. Thackeray, did not enjoy a majority on the floor of the House. He called upon the Governor to direct Mr. Thackeray to prove his majority on the floor of the House. Seven MLAs who were elected as independent candidates penned a similar letter to the Governor on the same day. They too requested the Governor to direct Mr. Thackeray to prove his majority on the floor of the House.

47. Mr. Harish Salve, learned senior counsel for the respondents made the following submissions:

a. During the pendency of the disqualification petitions, MLAs are entitled to participate in the proceedings of the House. Article 189(2) of the Constitution indicates that the subsequent disqualification of a member does not vitiate any actions in the House; and b. The petitioners argued that but for the interim order of the Supreme Court, the disqualification would have followed, that Mr. Thackeray would not have resigned, and that he would have survived the trust vote. This Court should PART E not enter into the realm of speculation while deciding constitutional matters. In the eventuality that Mr. Thackeray faced the floor test, he would not have had the support of the majority of the legislators. Mr. Thackeray’s resignation on the eve of the trust vote is a testament to the fact that he had lost the confidence of the House.

115. On 25 November 2019, a meeting with the newly elected MLAs belonging to the Shiv Sena was chaired by Mr. Uddhav Thackeray, in his capacity as the Shiv Sena Party President (‘Paksh Pramukh’). The resolution notes that the MLAs unanimously resolved that all decisions in the meeting would be taken by Mr. Thackeray. A resolution was issued appointing Mr. Eknath Shinde as the Group Leader of SSLP and Mr. Sunil Prabhu as the Chief Whip. On 21 June 2022, some members of the SSLP held a meeting under the chairmanship of the president of the Shiv Sena, Mr. Uddhav Thackeray. In the meeting, it was resolved to remove Mr. Shinde as the Group Leader of the SSLP, and appoint Mr. Ajay Choudari. The resolution was signed by Mr. Uddhav Thackeray in his capacity as the party president on the official letterhead of the office of the SSLP. PART E