Hearing on Maharashtra crisis in SC adjourned till Monday: Sibal's appeal - do not send the matter to the Constitution Bench; EC's argument - it is necessary to decide on the party

Posted on 4th Aug 2022 by rohit kumar

The Supreme Court has adjourned the hearing till Monday on the crisis arising out of the rights of Shiv Sena. The court said- On Monday, the court will give its decision on whether this matter should be handed over to the bench of 5 judges or not. The CJI told the counsel for the Election Commission – August 8 is the date for both parties to give affidavits to the Election Commission. If any party demands time, the Commission shall consider it.

 

Earlier in the hearing held on Thursday, the matter of dismissal of 16 Shiv Sena MLAs was first heard. Shinde Camp's lawyer Harish Salve first presented his side. Giving full details of the Speaker's powers and procedure, Salve said- As long as the MLA is in his post, he is entitled to participate in the activities of the House. Even if he votes against the party, the vote will be valid.

 

On this, CJI Ramana questioned- Does the party not have control over the MLA once he is elected? He is only accountable to the discipline of the legislature party of the party.

 

Here, the Uddhav faction's lawyer Sibal appealed to the CJI - don't send the matter to the Constitution Bench. We (Me and Singhvi) can conclude our argument in 2 hours. How can MLAs who are disqualified claim to be the real party in the Election Commission? On this the CJI said – no one can be stopped from doing this.

 

Election Commission's lawyer said - we are legally bound to take the decision

 

When Election Commission (EC) lawyer Arvind Datar asked his side, he told the court- If we have any claim of being the parent party, then we are legally bound to decide on it. Disqualification from the assembly is a separate issue. We make decisions based on the facts placed before us.

 

Shinde faction was reprimanded on Wednesday

A bench headed by CJI Ramana had reprimanded the Shinde faction's counsel for forming the government before the court's verdict. The bench had said that they clear their points and submit the draft again, then it will be considered for 10 to 15 minutes.

 

Regarding the 'real' Shiv Sena, a three-judge bench of the Supreme Court had said on July 20 that the petitions filed about Shiv Sena can be referred to a larger bench.

 

The vigorous debate lasted for an hour

 

On Wednesday, there was a heated argument between the lawyers of both sides. The lawyer for the Shinde faction said that we have not left the party. We have raised our voices against the leader. We are still at the party. While Uddhav camp's lawyer Kapil Sibal spoke. He had said – the rebel MLAs should either merge with any party or form a new party.

 

However, the bench of CJI NV Ramana, Justice Krishna Murari, and Justice Hima Kohli also reprimanded Shinde for forming the government. He told the lawyer of Shinde's side- We had postponed the hearing for 10 days and you formed the government, changed the speaker.

 

Affidavit of Uddhav faction - Shinde and rebel MLA reached Supreme Court with unclean hands

 

Before the hearing in the Supreme Court, the Uddhav Thackeray faction filed its reply in the Supreme Court. In the affidavit, the Eknath Shinde government in Maharashtra is the fruit of a poisonous tree. The seeds of this poisonous tree were sown by the rebel MLAs. The MLAs of the Shinde faction have committed a constitutional sin. Shinde and the rebel MLAs have reached the Supreme Court with unclean hands.

 

Know the full incident of the Maharashtra political crisis

 

On June 20, 15 Shiv Sena MLAs along with 10 independents left for Surat and then Guwahati.

 

On June 23, Shinde claimed that he had the support of 35 Shiv Sena MLAs. Letter issued.

 

On June 25, the deputy speaker sent 16 rebel MLAs a notice to cancel their membership. The rebel MLAs reached the Supreme Court.

 

In the hearing on June 26, the Supreme Court sent notices to the Shiv Sena, the Centre, Maharashtra Police, and the Deputy Speaker. The rebel MLAs got relief from the relief court.

 

On June 28, the governor asked Uddhav Thackeray to prove his majority. Devendra Fadnavis had demanded.

 

On June 29, the Supreme Court refused to stay the floor test, following which Uddhav Thackeray resigned as Chief Minister.

 

Eknath Shinde became the Chief Minister of Maharashtra on 30 June. Devendra Fadnavis of BJP was made Deputy Chief Minister.

 

On July 3, the new speaker of the assembly gave recognition to the Shinde faction in the house.

 

The next day Shinde won the trust vote.

 

During the hearing on August 3, the Supreme Court said – Have we postponed the hearing for 10 days, have you (Shinde) formed the government.

 

Also Read: Maharashtra's first cabinet expansion on Sunday: 40% stake to Eknath Shinde faction in the cabinet; Home and Finance Department will remain with BJP