Maharashtra Politics- Shiv Sena Vs Shiv Sena- Supreme Court Hearing- LIVE UPDATES

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3 Aug 2022 11:50 AM IST

  • Maharashtra Politics- Shiv Sena Vs Shiv Sena- Supreme Court Hearing- LIVE UPDATES

    The Supreme Court on Wednesday heard the preliminary arguments in the cases relating to dispute between Uddhav Thackeray and Eknath Shinde arising out of the rift within the Shiv Sena political party.After hearing the senior lawyers appearing for both sides for over an hour, the bench adjourned the hearing till tomorrow morning, asking Senior Advocate Harish Salve (who appeared for Eknath...

    The Supreme Court on Wednesday heard the preliminary arguments in the cases relating to dispute between Uddhav Thackeray and Eknath Shinde arising out of the rift within the Shiv Sena political party.

    After hearing the senior lawyers appearing for both sides for over an hour, the bench adjourned the hearing till tomorrow morning, asking Senior Advocate Harish Salve (who appeared for Eknath Shinde group) to re-draft the written submissions for more clarity.

    A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli was hearing the petitions filed by petitioners belonging to Eknath Shinde and Uddhav Thackeray factions of Shiv Sena party in relation to disqualification proceedings, election of Speaker, recognition of party whip, floor test for Shinde Government in the Maharashtra assembly and proceedings initiated by the Election Commission of India on request made by the Eknath Shinde-led faction for their recognition as the 'real' Shivsena and their claim over the party's election symbol - the bow and arrow.

    A three-judge bench of the Supreme Court on July 20 had observed that the issues arising in the petitions filed in relation to the Shiv Sena rift may have to be referred to a larger bench. CJI NV Ramana orally remarked during the hearing that important constitutional issues arise in the cases which may require adjudication by a larger bench. However, the CJI made it clear that he is not immediately constituting the bench and the parties must first come up with the preliminary issues.

    Senior Advocates Kapil Sibal and Dr Abhishek Manu Singhvi appeared for the Uddhav group. Senior Advocates Harish Salve, Neeraj Kishan Kaul and Mahesh Jethmalani appeared for the Shinde group. Solicitor General of India Tushar Mehta appeared for the Maharashtra Governor.

    READ THE LIVE UPDATES FROM SUPREME COURT HERE

    Live Updates

    • 3 Aug 2022 1:09 PM IST

      SG : In Rajendar Singh Rana, what happened was, Speaker took decision which was subjected to judicial review. This Court found the decision to be erroneous and the Court decided as the term was almost over. It never said as a court will decide in the first instance.

    • 3 Aug 2022 1:08 PM IST

      SG : Whether the tenth schedule can be held to be violate Article 19 if it infringes inner party democracy and freedom of speech within the fold of the party.

    • 3 Aug 2022 1:08 PM IST

      SG : Whether the 10th schedule is to be misused to curb intra-party democracy and to prohibit majority members from exercising their freedom of expression within the party.

      SG : Whether the tenth schedule can be held to be violate Article 19 if it infringes inner party democracy and freedom of speech within the fold of the party.

    • 3 Aug 2022 1:06 PM IST

      SG reads out the legal issues raised by Governor.

      SG : The argument was that till disqualification is decided, how could Governor call those who are likely to be disqualified. Governor is not supposed to wait indefinitely, there was a stalemate in the house.

    • 3 Aug 2022 1:05 PM IST

      SG reads out the legal issues raised by Governor.

      SG : The argument was that till disqualification is decided, how could Governor call those who are likely to be disqualified. Governor is not supposed to wait indefinitely, there was a stalemate in the house.

    • 3 Aug 2022 1:05 PM IST

      SG : After that pre-poll alliance, when the electorate which is the supreme elects us, and after that I go with Mr.Sibal, then when my constituence objects that Mr.Mehta you cannot go with Mr.Sibal...

    • 3 Aug 2022 1:05 PM IST

      SG : In Rajendra Singh Rana, the sum and substance of this Court's decision was that the electorate chooses an ideology. When I go with Mr.Salve and go to people and say we will govern and say Mr.Sibal cannot give good governance.

    • 3 Aug 2022 1:05 PM IST

      Solicitor General : Can I say something? Before I read the submissions, a little background if your lordships permit. The questions have a wide ranging impact on body politics.

    • 3 Aug 2022 1:02 PM IST

      CJI : Mr Salve, can you say in two-three sentences and I can note down. First is the writ petitions are not maintainable? Can you redraft this, if you don't mind, and give tomorrow?

      Salve : I will give today.

    • 3 Aug 2022 1:01 PM IST

      CJI : From the language in the written submission, I am unable to understand the legal issues.

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