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 12:12 PM IST

      Supreme Court holds that the Speaker's decision to appoint Mr.Gogawale (backed by Shinde group) as the whip of the Shiv Sena party was illegal.

    • 11 May 2023 12:12 PM IST

      CJI : The Speaker did not attempt to identify which of the two persons - Mr.Prabhu or Mr. Gogawale- was the whip authorised by the political party. Speaker must recognize only the whip appointed by the political party.

    • 11 May 2023 12:11 PM IST

      CJI : The Speaker was aware of the emergence of two factions in the legislative party on 3 July 2022 when he appointed a new whip.

    • 11 May 2023 12:07 PM IST

      In Nov 2019, MLAs unanimously resolved to appoint Uddhav Thackeray as the party leader and Eknath Shinde as the group leader. 

    • 11 May 2023 12:06 PM IST

      CJI : Whip appointed political party is crucial for tenth schedule. 

    • 11 May 2023 12:05 PM IST

      CJI : To hold that it is the legislative party which appoints the whip will mean severance of the umbilical chord with the political party. It means group of MLAs can disconnect from the political party

    • 11 May 2023 12:04 PM IST

      CJI : Article 212 cannot be interpreted to mean that all procedural infirmities of the house are beyond the pale of judicial review

    • 11 May 2023 12:03 PM IST

      CJI : Legislators directly elected by people have duty to hold executive accountable.

    • 11 May 2023 12:02 PM IST

      CJI : Having referred to the matter to larger bench, Nabam Rebia did not strictly arise in this case and we decided the merits of this particular case.

    • 11 May 2023 12:02 PM IST

      CJI says issues such as whether a notice to removal of Speaker will restrict the powers of Speaker to issue disqualification notices needs examination by larger bench.

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