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 12:11 PM IST

      Sibal : Their argument is they have the majority. But the majority is not recognised by the tenth schedule. Any form of split is violative of tenth schedule.

    • 3 Aug 2022 12:11 PM IST

      Sibal : You can't claim that you are the political party. And you say you are the political party sitting in Gauahati. Political party is decided by the Election Commission. You can't declare sitting in Gauahati.

    • 3 Aug 2022 12:11 PM IST

      Sibal : Whip is the link between the political party and the legislature party. The idea of whip being, once you are elected, it is not that the umbilical party connecting you to the political party is not severed.

    • 3 Aug 2022 12:10 PM IST

      CJI : According to you, they have to merge with BJP party or they have to form a new party and register with election party.

      Sibal : That is the only defence possible.

    • 3 Aug 2022 12:09 PM IST

      Sibal now refers to para 2(1)(b) of tenth schedule which relates to disqualification due to voting in violation of official whip.

    • 3 Aug 2022 12:08 PM IST

      Sibal : By conduct they (Shinde group) have given up the party membership. They can't claim to be original party. 10th schedule does not allow that.

    • 3 Aug 2022 12:07 PM IST

      Sibal : This court in Karnataka assembly case held that giving up of party membership amounts can be inferred from conduct. Here, they were called for party meeting, they went to Surat and then to Guwahati. They wrote to Dy Speaker, appointed their whip.

    • 3 Aug 2022 12:07 PM IST

      Sibal refers to explanation to para 2- "an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member".

    • 3 Aug 2022 12:05 PM IST

      Sibal refers to the definition of "origianl political party" in the 10 th schedule - "Original political party”, in relation to a member of a House, means the political party to which he belongs for the purposes of sub- paragraph (1) of paragraph 2"

    • 3 Aug 2022 12:02 PM IST

      Sibal : What they are arguing is they are the original party. That is not permissible. They admit before the Election Commission that there is a split.

      CJI : Split is not a defence for them.

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