Wednesday, August 3, 2022

Court questions Shinde group's changed stance; Split case in Shiv Sena: Supreme Court hearing again today

New Delhi : On the controversy over the disqualification of MLAs from the Shinde faction, Chief Justice N. V. Ramana attended on Wednesday. The Shinde group first approached the court on the issue of disqualification, but now the court questioned the change in their role.

Hearing is going on before the Supreme Court on six petitions filed by both groups on the issues of disqualification of MLAs from the Shinde group, no-confidence motion against the Deputy Speaker, Shinde group and Shiv Sena replacing the leader of the group in the Legislative Assembly, Chief Pratod etc. The Supreme Court had ordered both groups to submit affidavits in this regard. Since the exact issues are not clear from the affidavit of the Shinde group, Chief Justice N. V. Ramana asked Shinde group’s lawyer Harish Salve to submit a brief written statement. The matter will be heard again on Thursday after this statement is submitted.

The decision should be taken by the Assembly Speaker?

The Shinde group approached the Supreme Court for the first time as the Deputy Speaker of the Legislative Assembly initiated the disqualification proceedings. But now Salve argued that the Speaker should decide on the disqualification of MLAs from the Shinde group and the court should not take it. The Chief Justice mentioned that he could have given a challenge

The Shinde group is a split, Option to merge with BJP

Two-thirds of the Shiv Sena MLAs have defected from the parent party, and as per the 10th Schedule of the Constitution, they have to merge with another party or form a separate party. The Shinde group’s claim that ‘we are the Shiv Sena’ is incorrect and this group has admitted to the Central Election Commission that there is a split in the Shiv Sena. Majority is not accepted in 10th list. Any form of division within the party is a violation of the 10th Schedule. The Shinde group has also accepted that Uddhav Thackeray is the party chief of Shiv Sena. Attempts have been made to topple the government and legitimize the split on the basis of the 10th Schedule. Action of disqualification against these MLAs is justified. They cannot go to Election Commission. If the MLAs are disqualified, the appointment of Assembly Speakers and Chief Ministers, the test of the Shinde government’s majority, all become illegal. In the first hearing on June 21, the Uddhav Thackeray government had requested to postpone the majority test. The Shinde group is approaching the Election Commission to seek legal recognition of their group as the original Shiv Sena. If the Shinde group is disqualified, the Election Commission has no power. Senior lawyers Kapil Sibal and Abhishek Manu Singhvi argued on behalf of the Uddhav Thackeray group that the Vice Speaker of the Legislative Assembly had started the disqualification proceedings immediately.

Shiv Sena is the same, Who is the leader??

The Uddhav Thackeray group is using the Prohibition of Defection Act and the issue of merger (10th Schedule) as a weapon. But, MLAs from Shinde group have not left Shiv Sena. Therefore, the rules in the 10th Schedule are not applicable. There may be differences within the party, since the Chief Minister is not meeting, the MLAs demanded a change in the Chief Minister, this is not a split in the party, it is just that two factions have formed in the Shiv Sena. In 1969, the Congress also split into two factions due to internal disputes. Senior lawyers Harish Salve and Neeraj Kaul argued on behalf of the Shinde group that the Shinde group is in the Shiv Sena and the question of who is the leader of this party has arisen. The 10th list is being misused by the Uddhav Thackeray group to subvert democracy within the party. A majority of members cannot be prevented from voicing opinions within the party. Advocate General Tushar Mehta argued on behalf of the Governor that no one can be maced on freedom of expression.

Difficulty issues for Uddhav group..

Uddhav Thackeray’s Mahavikas Aghadi government has lost the majority test so no new government has been formed. Uddhav Thackeray resigned as Chief Minister. Senior lawyer Mahesh Jethmalani made an important argument on behalf of the Shinde group that if the Chief Minister had refused to take the majority test, he would have been considered not to have a majority. He argued that the intra-party ban law does not apply to MLAs from the Shinde group. Moreover, the Mahavikas Aghadi government did not appoint the Assembly Speaker for the entire year. When the new government was appointed, the Speaker was appointed by a majority of 154 to 99. Jethmalani also raised the issue that the appointment of the Speaker is constitutional and legal.

If there is no division in the party why apply to Election Commission?’

If the Shinde group is in the Shiv Sena, why did this group approach the Election Commission, asked Chief Justice N. V. Ramana asked senior advocate Harish Salve. After Uddhav Thackeray’s resignation as Chief Minister, many political developments have taken place in the state, and now, as elections for local bodies including Brihanmumbai Municipal Corporation will be held, Salve argued that it is necessary to clarify the right of which group on the election symbol. Kaul argued that the ongoing hearing before the Election Commission has nothing to do with the disqualification of MLAs.

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