Shiv Sena Vs Shiv Sena- Supreme Court Judgement Today- LIVE UPDATES

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11 May 2023 9:20 AM IST

  • Shiv Sena Vs Shiv Sena- Supreme Court Judgement Today- LIVE UPDATES

    Supreme Court to deliver its judgment today in the Shiv Sena case relating to the rift between EknathShinde and UddhavThackeray factions.The judgment will decide the fate of the present Eknath Shinde-led government in Maharashtra The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha had...

    Supreme Court to deliver its judgment today in the Shiv Sena case relating to the rift between EknathShinde and UddhavThackeray factions.

    The judgment will decide the fate of the present Eknath Shinde-led government in Maharashtra 

    The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha had started hearing the matter on February 14 2023 and the judgement was reserved on March 16 2023.

    The batch included the petitions filed by members from the groups of Shinde and Thackeray over several issues. The first petition was filed by Eknath Shinde in June 2022 challenging the notices issued by the then Deputy Speaker against the rebels under the tenth schedule of the Constitution over alleged defection. Later, the Thackeray group filed petitions in the Supreme Court challenging the decision of the Maharashtra Governor to call for a trust vote, the swearing-in of Eknath Shinde as the Chief Minister of the Government with the backing of BJP, the election of new Speaker etc.

    From February 21, the bench started hearing the matter on merits. Senior Advocates Kapil Sibal, Dr. Abhishek Manu Singhvi, and Devadatt Kamat argued on behalf of the Uddhav side. Senior Advocates Neeraj Kishan Kaul, Harish Salve, Mahesh Jethmalani and Maninder Singh argued for the Shinde side. Solicitor General of India Tushar Mehta argued on behalf of the Maharashtra Governor.The batch included the petitions filed by members from the groups of Shinde and Thackeray over several issues.

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    Live Updates

    • 11 May 2023 12:19 PM IST

      CJI : Nothing in any of the communications relied on by the Governor indicated that the dissatisfied MLAs wanted to withdraw support to the Government.

    • 11 May 2023 12:19 PM IST

      CJI : Neither the Constitution nor the law empower the Governor to enter the political arena and play a role either in inter-party or intra-party disputes.

    • 11 May 2023 12:15 PM IST

      CJI : Floor test cannot be used to resolve internal party disputes. 

    • 11 May 2023 12:15 PM IST

      CJI : Even if it is assumed that the MLAs wanted to exit the govt, they constituted only a faction.

    • 11 May 2023 12:15 PM IST

      Supreme Court holds that the Governor had no objective material to doubt the confidence of the MVA govt and call for a floor test. The resolution relied on by the Govt did not indicate that MLAs wanted to withdraw support.

    • 11 May 2023 12:14 PM IST

      CJI : The assembly was not in session when Mr.Fadnavis wrote to the Govt. The opposition parties did not issue any no-confidence motion. The Governor had no objective material to doubt the confidence of the Govt.

    • 11 May 2023 12:13 PM IST

      CJI : If the Speaker and the Govt circumvents the no-confidence motion, the Governor will be justified in calling for a floor test without the aid and advise of the council of ministers.

    • 11 May 2023 12:13 PM IST

      CJI : The defence must be found within the tenth schedule as it currently stands.

    • 11 May 2023 12:12 PM IST

      CJI : No faction or a group can argue that they constitute the original party in defence of the disqualification proceedings. The defence of split is no longer available under the tenth schedule.

    • 11 May 2023 12:12 PM IST

      CJI : ECI can decide under the symbols order despite the pendency of proceedings before Speaker.

      "to hold that the ECI is barred from deciding symbols order will be like staying proceedings indefinitely.."

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