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SC dismisses plea seeking Shiv Sena, NCP and Congress alliance to be declared unconstitutional


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The Supreme Court on Friday dismissed a petition seeking the post-poll alliance between Shiv Sena, NCP and Congress in Maharashtra to be declared unconstitutional.
A bench of Justice N V Ramana, Justices Ashok Bhushan and Sanjiv Khanna while dismissing the plea observed that the constitutional morality is different from political morality. "In a democracy, we cannot curtail parties to form the alliances," the bench said.
"Do not expect us to go into areas where the court has no jurisdiction. The political parties have to abide by the promises made. We expect the parties to abide by the promises but if for some reason they do not, we cannot do anything about it," the court said.
Shiv Sena's Uddhav Thackeray took oath as the 18th Chief Minister of Maharashtra at Shivaji Park yesterday. He was unanimously elected as the leader of Maha Vikas Aghadi, an alliance between Shiv Sena-Congress-NCP. The Shiv Sena had, however, fought the elections with its ally BJP but failed to stake claim to form the government.
The petition in this regard was filed by Akhil Bharat Hindu Mahasabha spokesperson Pramod Pandit Joshi. He sought a direction to declare the post poll alliance unconstitutional and null and void.
The apex court told advocate Barun Kumar Sinha, appearing for Joshi, that the issue cannot be subjected to judicial review.
Joshi in his petition claimed that the Shiv Sena betrayed the people of Maharashtra, as it made a pre-poll alliance and fought the election with BJP but formed the government with Congress and NCP in post-poll alliance.
He further said that the people of Maharashtra had voted in favour of BJP and wanted it to form the government.

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First Published: Nov 29 2019 | 2:33 PM IST

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