Monday, August 1, 2022

Shinde vs Thackeray: "If 40 MLAs are disqualified as rebels..."; Shinde's affidavit before the court before the hearing Let EC decide on real Shivsena Shinde asks Supreme Court scsg 91

Chief Minister Eknath Shinde Petitions challenging the government’s legitimacy and disqualification will be heard in the Supreme Court on Wednesday instead of Monday. However, two days before this hearing, Shinde, who was the chief minister of the state and the leader of the rebels, said yes Shiv Sena An affidavit has been submitted to the Supreme Court that the Central Election Commission should be allowed to decide on this dispute. Legitimacy of Shinde government, true Shiv Sena He has requested the court to dismiss the petitions filed by the Shiv Sena leaders on the issues of Kona’s dispute before the Election Commission and disqualification of MLAs.

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Uddhav Thackeray There are only 15 MLAs with him and 40 MLAs behind him. Thackeray’s group is in the minority and if their demand is accepted, a difficult political situation will arise. Shinde has also said in this affidavit that the group of 15 MLAs who are with Thackeray cannot demand disqualification of 40 MLAs as rebels. MLAs of Shiv Sena took decisions within the party in a democratic manner and by majority vote in the legislative party meeting and office bearers in the party meeting. Shinde has requested the court that the Supreme Court should not interfere in those decisions.

The hearing will be held tomorrow
Chief Justice N.V. on the petitions regarding Shiv Sena split and challenging the legitimacy of the state government. The hearing will be held on Wednesday before a three-judge bench of Justice Ramana, Justice Krishna Murari and Justice Hima Kohli. At that time, the court is likely to pass an interim order on these important issues. The hearing was to be held on August 1. But the hearing got delayed Shiv Sena There is restlessness among the leaders. A joint hearing will be held on Wednesday on the petitions challenging the legitimacy of the Shinde government, the petitions challenging the legitimacy of the Legislative Assembly Speaker and the petitions challenging the notices issued by the Deputy Speaker regarding the disqualification of Shinde group MLAs. The Central Election Commission has given August 8 deadline to party chief Uddhav Thackeray and Chief Minister Shinde to file evidence to determine who is the original Shiv Sena. The Chief Justice was requested to hear a petition challenging that decision last week. This petition will also come up for hearing along with other petitions.

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What happened in the previous hearing?
Chief Justice NV on all these petitions. The hearing was held on July 20 before a three-judge bench comprising Justice Ramana, Justice Krishnamurari and Justice Hima Kohli. At that time, Chief Justice Sootova had said that we have to consider sending this case to the Constitution Bench on some issues. Solicitor General Tushar Mehta, however, did not think it was necessary and requested a three-judge bench to give a decision and some lawyers requested to hand over the matter to the Constitution Bench.

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Also the issue of the symbol and the party of origin
The Shiv Sena has demanded that the proceedings before the Election Commission be suspended till the decision is taken on these petitions. The court is likely to give a decision on Wednesday. It is likely that an injunction will be issued to decide on the election symbol and who is the original party by allowing the Shinde group to complete the work of verifying how many Shiv Sena MLAs, MPs, office bearers etc. Even if the court gives this interim order until the Supreme Court decides on the disqualification of MLAs, it is likely that the Shinde group will demand freezing of Shiv Sena’s election symbol till the dispute is decided in view of the upcoming local body elections.

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