SC dismisses plea challenging post-poll alliance Shiv Sena, NCP and Congress in Maharashtra

NEW DELHI: The Supreme Court on Friday dismissed a plea by a ‘Shiv Sena voter’ to stop the Sena, NCP and Congress to form a government saying constitutional courts in a democracy cannot curtail the right of a political party to form alliances.

“Constitutional morality is different from political morality,” a threejudge bench led by Justice NV Ramana said. Courts cannot interfere in such decisions, he said.

Justice Ramana demanded to know from the lawyer of the petitioner whether the courts can implement a manifesto of a party. “Don’t expect courts to go into areas in which they had no jurisdiction,” he said.


Appearing for the voter, Pramod Pandit Joshi, advocate Varun Sinha argued the Sena has junked its partner and staked claim to form a government with the NCP and the Congress. That is a breach of trust, “a fraud on the voter.”

“Can we curtail the right of a party to align with another party? If we agree with you there will be no
democracy...."