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 12:37 PM IST

      Salve : I am part of Shiv Sena. Within the party, there has to be democracy. I am saying that there are two groups within the Political Party.. It has happened in Congress in 1969.

    • 3 Aug 2022 12:37 PM IST

      CJI : Mr Salve, but can you form a new party saying the leader did not meet you?

      Salve : I am within the party.

      CJI : Who are you now?

      Salve : I am a dissenting member within the party.

    • 3 Aug 2022 12:35 PM IST

      Salve : If there are a larger number of MLAs who are not satisfied with the way Chief Minister is functioning and want a change, why can they not say that there should be fresh leadership contest?

    • 3 Aug 2022 12:35 PM IST

      Salve : In India we confuse political party with some leaders. I belong to Shiv Sena. My Chief Minister refuses to meet me. I am not arguing facts, giving theoretical facts. I want change of CM. That is not anti-party, that is intra-party.

    • 3 Aug 2022 12:33 PM IST

      Salve : Mr.Sibal has elaborately demolished a defence which nobody has set up. Today if there is a divide within the party, and you are called for a meeting..

      CJI : Mr.Salve, according to you there is no relevance for political party?

    • 3 Aug 2022 12:32 PM IST

      Salve : Today there is a serious factual controversies. It is argued as if these are admitted facts. The basic premise of anti-defection law is when you leave your political party. Nobody has found any disqualification.

    • 3 Aug 2022 12:31 PM IST

      Senior Adv Harish Salve now starts submissions for Eknath Shinde .

      Salve: The anti defection law is not a weapon for the leaders who has lost the numbers to lock their members.

    • 3 Aug 2022 12:30 PM IST

      Singhvi : The Speaker has already recognized their whip. That is the reason we say it can be decided here by this court.  

    • 3 Aug 2022 12:29 PM IST

      Singhvi : The Speaker has not moved a small finger on our complaints pending since June 21. But the Speaker promptly acts on their complaints. The Speaker deciding the disqualification is worse than having a premeditated result.

    • 3 Aug 2022 12:28 PM IST

      CJI : Whatever actions or instances have been taken it, and if they're declared illegal, everything will relate back. So what can be role of ECI?

      Singhvi : Jurisdictionally it is not possible for the ECI.

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