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 12:48 PM IST

      CJI : There are a lot of questions about Governor calling a group of people...and...we can't say that all these are infructous.

      Salve : I am saying whole things are misconceived and not infructuous. 

    • 3 Aug 2022 12:48 PM IST

      CJI : Mr Salve, you are saying that you came first and this court deferred for 10 days and now the Speaker should decide when the issues are before us.

      Salve : I am not saying that we got any advantage because of the ten days.

    • 3 Aug 2022 12:47 PM IST

      Salve : To say that a Speaker, who has been elected by the majority, should be stripped of all authority and this Court should decide the disqualification is unprecedented.

    • 3 Aug 2022 12:44 PM IST

      Salve : Their argument is in Rana case the Supreme Court decided disqualification as there was no faith in Speaker. In India, there will be always question marks at the Speaker.

    • 3 Aug 2022 12:44 PM IST

      Salve : Have I given up the membership of the party? Mr Sibal says I have given up because I did not the meeting. There is no judgment saying your membership is vacated because you did not turn up for a meeting.

    • 3 Aug 2022 12:44 PM IST

      CJI : Mr.Salve, I will ask one question to you? Who came first to the Court.

      Salve : We came to the Court when the Dy Speaker issued the disqualification notices as a notice against him was pending. We cited the Nabam Rebia decision.

    • 3 Aug 2022 12:42 PM IST

      Salve : I am as a member of the party is asserting that there should be a change in the leadership.

      CJI : What is the purpose of you approaching the ECI?

      Salve : After CM's resignation, there are political developments. BMC election is near. Who should get the symbol?

    • 3 Aug 2022 12:41 PM IST

      Salve : If there is a intra-party rebellion within a party agianst a leader versus a group of people who are leaving the party, the anti-defection law will apply only to those who have given up the membersip of political party.

    • 3 Aug 2022 12:39 PM IST

      Salve : Let us not mix up what is going on before the Election Commission with the disqualification. What is going on before ECI has nothing to do with disqualification.

    • 3 Aug 2022 12:38 PM IST

      Salve: We're all the same Political Party but the question is who is the leader of the Political Party.

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