The Supreme Court will hear today the petitions filed by Eknath Shinde & rebel Shiv Sena MLAs seeking to restrain the disqualification proceedings initiated by Deputy Speaker against them.The petitions filed yesteday evening are listed before a vacation bench comprising Justices Surya Kant and JB Pardiwala.Follow this thread for...
The Supreme Court will hear today the petitions filed by Eknath Shinde & rebel Shiv Sena MLAs seeking to restrain the disqualification proceedings initiated by Deputy Speaker against them.
The petitions filed yesteday evening are listed before a vacation bench comprising Justices Surya Kant and JB Pardiwala.
Follow this thread for live-updates
Live Updates
2022-06-27 04:31:25
27 Jun 2022 8:47 AM GMT
Singhvi : In no single case, barring the Rajasthan HC in 2020, has the Courts interfered when the proceedings are pending before the Speaker.
Singhvi refers to "Kihoto" judgment, paras 109, 110, and says no action will lie before the Court till the Speaker decides finally.
27 Jun 2022 8:46 AM GMT
Singhvi questions the petitioners "leap frogging" to the Supreme Court without approaching the High Court first.
"No reason given by Mr.Kaul why your lordships should not exercise the discretion to send them to HC"- he submits.
27 Jun 2022 8:44 AM GMT
Sr Adv Rajeev Dhavan appears for Dy Speaker : Let my learned friend (Singhvi) argue. I will submit on legal issues.
27 Jun 2022 8:44 AM GMT
SG Tushar Mehta : I think Dy Speaker is on caveat, and let us hear him.
Singhvi : My learned friend will not decide who will open first.
27 Jun 2022 8:43 AM GMT
Bench seeks respondents' view. Sr Adv AM Singhvi appears.
SG interferes, "Just for my knowledge, who is Mr Singhvi representing?".
Singhvi : I am for R4 and R5 (the Shiv Sena legislative party leader and Sunil Prabhu, Chief Whip).
27 Jun 2022 8:41 AM GMT
Kaul : There is undue hurry, undue haste in this matter. But that is the second limb. The first limb is, how can the Speaker proceed with the matter. Today, the notice for removal of Speaker must go first.
27 Jun 2022 8:40 AM GMT
Kaul refers to Ashish Shelar judgment where SC set aside one year suspension of MLAs to say that in cases of extreme impropriety, the Supreme Court has interfered in Article 32.
27 Jun 2022 8:40 AM GMT
Kaul : Today the Assembly is not in session. It is inconsequential. If the assembly is not in session, the Cabinet can recommend convene or when the assembly convenes the proceedings can start. But what is happening? Without following that, Dy Speaker has issued notices.
27 Jun 2022 8:38 AM GMT
Kaul : So you give a notice, a 14 day period of notice goes before it is read out in assembly, and 21 members rise in support of it, but this procedure is not followed. The Speaker has no authority to deal with the issue till the question of his removal is decided.
27 Jun 2022 8:36 AM GMT
Kaul refers to Rule 11 of the Maharashtra legislative assembly rules.
