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There cannot be restrictions on alliances between political parties in a democracy, the Supreme Court observed on Friday while dismissing a plea by a Hindu Mahasabha leader challenging the post-poll alliance in Maharashtra between Shiv Sena, NCP and Congress.
As soon as the hearing in the petition commenced in court 2 of Supreme Court, the bench of Justices NV Ramana, Ashok Bhushan and Sanjiv Khanna made it clear that they were not inclined to entertain the case filed by Pramod Pandit Joshi.
“Why should we get into all this pre-poll, post-poll”, asked Justice Bhushan.
The petitioner tried to make out his case by arguing that that the post-poll alliance in Maharashtra was between parties which fought elections against each other in opposing pre-poll alliances. He submitted that people in the State had voted based on the manifesto presented by pre-poll BJP-Shiv Sena alliance.
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The Bench was not impressed.
The judges said court cannot issue directions to political parties to implement what is stated in election manifestos.
“Political parties say a lot of things in their manifesto. Can we (court) issue direction to implement what they have said in the manifesto. If your argument is accepted, there is no need for democracy. Constitutional morality is different from political morality,” Justice NV Ramana said, observing that it was for the people to judge, not the courts.
The Bench dismissed the petition observing that it cannot adjudicate issues that are outside its jurisdiction.
The Shiv Sena and Bharatiya Janata Party had secured a majority in last month’s elections but the BJP insisted that Devendra Fadnavis would serve as chief minister for the next five years. The Sena wanted the chief minister’s post to be shared between the two parties.
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