The political dynamics in Maharashtra exposed an unexpected surprise for the Supreme Court on Thursday, as it surprised how the Congress, in spite of being in the ruling coalition in Maharashtra could enjoy the post of leader of opposition in the Municipal Corporation of Greater Mumbai (MCGM).

A bench headed by Chief Justice S.A.Bobde queried, could the Congress hold the position of leader of the post and also be a part of the ruling coalition in Maharashtra? Senior advocate Mukul Rohatgi, representing BJP Councillor Prabhakar Tukaram Shinde, contended that this is completely fatal to democracy.“How can you have this?” Mukul submitted before the bench also comprising Justices A.S.Bopanna and V.Ramasubramanian.

The Chief Justice noted, “the Opposition leader is part of the ruling coalition?” The bench queried Rohatgi, why didn’t you claim it earlier? He replied that there was an understanding with the Shiv Sena, which has now fizzled out, as the political dynamics have changed after the 2019 Legislative Assembly election. Rohatgi added that BJP being the largest party in opposition, must get back the constitutionally entitled post.

The top court issued notice to the Maharashtra government and others and directed the parties to file counter affidavit, and adjourned the matter.

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