New Delhi : We are the original Shiv Sena, Such a claim Eknath Shinde Although the group has approached the Central Election Commission, Chief Justice N. V. Ramana gave in Thursday’s hearing. So until next week’s Supreme Court hearing on Monday, August 8 Uddhav Thackeray The group is relieved.
In the hearings held so far, issues related to the transfer of power in Maharashtra are very complex and require a thorough analysis of the law. Therefore, the Chief Justice clarified that a decision will be taken in Monday’s hearing regarding the establishment of a constitution bench of five or more judges in this regard. The court has not been requested to hand over this case to the Constitution Bench by the Shinde group or the Uddhav Thackeray group. On the contrary, senior lawyer Kapil Sibal, on behalf of the Uddhav group, argued in the hearing held on Thursday that an immediate verdict is expected on this matter and there is no need for a constitution bench.
The Shinde group had first approached the Supreme Court after the Deputy Speaker of the Legislative Assembly, Narahari Zirawal, issued a notice disqualifying the MLAs from the Shinde group. Accordingly, a total of five petitions filed by both groups are being heard before a three-member bench of the Chief Justice.
In the hearing held before the Chief Justice on Thursday, there was an argument on whether the Central Election Commission can give a verdict on the basis of two issues: who is the original Shiv Sena and which group will have the right to the election symbol. On this, the court has allowed the Central Election Commission to hold a hearing on the matter and both the groups can be heard. However, the Chief Justice instructed the commission’s lawyer Arivad Datar that no decision can be taken on it.
Since we are the original Shiv Sena, the Shinde group had applied to the Central Election Commission to get the election symbol. The commission ordered both the groups to submit their submissions in writing. The hearing will be held before the commission on next Monday, August 8. An application demanding adjournment of this hearing was filed in the Supreme Court on behalf of Shiv Sena. Therefore, in the hearing held on Thursday, an argument was also made on behalf of the Election Commission. Disqualification of the MLA and the original political party and who has the right to the election symbol are two different issues. Even if MLAs are disqualified, they are members of a political party. Therefore, senior lawyer Arivad Datar argued that the Central Election Commission has the authority to take decisions regarding political parties and symbols and the Commission is autonomous.
The Election Commission may hear the Shinde group’s application and the Commission should consider extending the deadline for the Thackeray group to respond in writing. The Chief Justice also instructed the Election Commission to adjourn the further hearing as this matter is sub judice. Due to this order of the Chief Justice, the decision regarding the Constitution Bench will be important. If the constitution bench is established, the result of the transfer of power in the state will have to wait for some more time.
According to the order given by the Chief Justice, senior advocate Harish Salve, on behalf of the Shinde group, submitted a written statement to the court regarding the points of law that should be discussed. Among the 8 points raised in this, mainly under the 10th schedule of the constitution, in which situation can intra-party prohibition law be applied? When can MLAs be disqualified? Even if MLAs are disqualified, can their group be claimed as the parent party? Other topics have been discussed.
Chief Justice N. V. Ramana, Nya. Salve argued on these points in the hearing held on Thursday before Krishna Murari and Justice Hima Kohli. Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the Thackeray group, added in their arguments on Wednesday that under the 10th Schedule, the MLAs from the Shinde group are disqualified as the intra-party ban law applies. It was argued that if these MLAs are disqualified, they have no right to approach the Election Commission. By making this arrangement, the Central Election Commission highlighted the point that there is no need to decide who is the original Shiv Sena.
What did the court say?
The Election Commission can hear the application of the Shinde group. The Commission should consider extending the deadline to give a written response to the Thackeray group. Since this matter is sub judice, Election Commission should adjourn the further hearing.
Chances of a Constitution Bench
Due to the order of the Chief Justice, the decision regarding the Constitution Bench will be important. If the constitution bench is established, the result of the transfer of power in the state will have to wait for some more time.
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