Wednesday, August 3, 2022

"We cannot ignore the political party altogether, because..."; Important Comment of Supreme Court | Supreme Court important observation on rebel in Shivsena pbs 91

Shiv Sena Chief Justice N. on rebellion and the drama of transfer of power in Maharashtra. V. The hearing is going on before the Supreme Court bench headed by Ramana. On this occasion, the Chief Justice has made a very important comment. The court observed that we cannot completely ignore political parties as they are dangerous to democracy. Senior advocate Harish Salve is arguing on behalf of the Shinde group.

On behalf of the Shinde group, Salve raised some points today (August 4) presenting his arguments anew. Does the President have the right to disqualify a member under the 10th Schedule on finding that he has voted against the party’s position? This has been asked by Harish Salve.

“The Prohibition of Defection Act cannot be an Anti-Dissent Act”

Salve said, “The Prohibition of Defection Act cannot be an anti-dissent law. What should MLAs do if the President delays taking a decision for one to two months? A defection law cannot be an anti-dissent law.”

Also Read: Uddhav Thackeray Vs Eknath Shinde SC Live: Do not take any decision on party symbol, Supreme Court advises, next hearing to be held on Monday

“If you say that the Sedition Act cannot be an anti-dissent law, then what is the meaning of the whip?” The Chief Justice asked Harish Salve. Harish Salve said that a decision cannot be taken without understanding the concrete reason for disqualification. After this, the Chief Justice has asked that the original political party cannot be ignored, that it is dangerous for democracy and if so, then what is the meaning of the Whip.

What did someone argue in court?

Harish Salve has demanded that a decision should be taken as to who will take the decision regarding the disqualification of MLAs. Who will decide whether MLAs leave the party or not? He has also demanded clarity in this regard.

Kapil Sibal, who argued on behalf of Uddhav Thackeray, has said that there is no need to hand over the matter to a larger constitution bench. The Chief Justice replied that we will see.

Since it is a political issue, how can the Election Commission be stopped? The court asked this. Kapil Sibal raised a doubt for us that MLAs are ineligible and how can they approach the Election Commission. On this, the Chief Justice said that there are two groups and they are claiming to be the real political parties. Can’t they claim to endorse a political party? Asked that question.

Kapil Sibal has argued that the rebels are confusing political parties with legislative parties. He is saying that he has the support of 40 out of 50 MLAs. So they argue that it is a political party. What is the basis of their claim if 40 MLAs are disqualified? He has also asked that.

Arvind Datar, on behalf of the Election Commission, has argued that the affairs of the legislature have nothing to do with the membership of a political party. The Supreme Court has instructed the Election Commission not to take any decision.

The Supreme Court has ordered the Election Commission not to take any order and has said that a decision will be taken regarding handing over the matter to a five-judge bench. The court has also said that the written arguments of all will be verified. The next hearing will be held on Monday.

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