Maharashtra Government: On Wednesday, the Supreme Court heard again on the ongoing political battle of Maharashtra for the last two months. A total of five petitions are filed in this matter. Eknath Shinde, Uddhav Thackeray, Governor and Speaker of the Legislative Assembly have all been made parties in it. Chief Justice NV Ramana is personally hearing the matter.
Senior advocates Kapil Sibal and Abhishek Singhvi presented the side of Uddhav Thackeray in the court. Harish Salve, Mahesh Jethmalani, Neeraj Kishan Kaul appeared for Eknath Shinde in the court. Governor’s counsel Tushar Mehta gave his point.
There was a lot of debate in the court between Thackeray and Shinde faction. Both made their respective claims. During this, the Chief Justice also made several remarks. Let us know what happened in the court? Who’s claim on Shiv Sena will be sure? Will Maharashtra government fall again?
What did the lawyers of Uddhav Thackeray say?
During the hearing, the Uddhav Thackeray faction was the first to present its side. Kapil Sibal, counsel for the Thackeray faction, said, “If two-thirds of the MLAs want to break away from the Shiv Sena, they will have to merge with someone or form a new party. He cannot say he is the original party.’ On this the Chief Justice asked that you are saying that he should have merged with the BJP or had to form a separate party?
Responding to this, Sibal said, this is what the rules say. Further, Sibal said, two-third of the MLAs cannot say that they are the original political party. Para-4 of the 10th Schedule (Anti-Defection Provisions) does not allow this.
Sibal said, ‘The way he left the party. He cannot claim to be the parent party. This is not acceptable. He has admitted before the Election Commission that there has been a split in the party.
After this Sibal read out the definition of original political party. After this, the dispute of Karnataka Assembly was also mentioned and presented the old decision of the court as an argument.
What did Maharashtra Government Shinde group say?
Advocate Harish Salve argued for the Shinde faction. “The leader who doesn’t have majority support. How can he survive? What Sibal said are not relevant. Who disqualified these legislators? When there has been internal division in the party, how could it be a disqualification for not attending the meeting of other faction?’
On this, the Chief Justice asked that in this way the party will have no meaning. Can anyone do anything after being elected MLA? Responding to this, Salve said, “We have this illusion that only one leader is considered as the entire party.
I would like to make it clear here that we (Eknath Shinde faction) are still in the party. We didn’t leave the party. We raised our voice against the leader. As a result, two factions have been formed in the party. Didn’t this happen in Congress in 1969 as well? This has happened several times. In such a situation the Election Commission decides who is right and who is wrong?
The Chief Justice questioned why you have gone to the Election Commission? Responding to this, Salve said, ‘The situation has changed after the resignation of the CM. Now the BMC election is about to come. It is important to decide who will use the party’s symbol.
Salve was again asked the question by the Chief Justice, who among you both had come to the Supreme Court first? Responding to this, Salve said, “We had come because the deputy speaker had sent the disqualification notice. But, the action to remove him himself was pending. He couldn’t do it because of the Nabam Rebia verdict.
On Salve’s point, the Chief Justice again commented. “We had postponed the hearing for 10 days,” he said. In the meantime, you (Eknath Shinde faction) formed the government. The speaker changed. Now you are saying, all things are meaningless.’
In response to this, Salve said, ‘I am not saying that these things should not be considered now’.
The Chief Justice asked the Shinde side to draft their points and hand them over to the court. Justin Ramana said, ‘We will consider tomorrow for 10 to 15 minutes.’ Shinde faction has also filed an affidavit in court. In this, it has been urged to dismiss the petition of the Uddhav faction. Shinde faction said that let the Election Commission take the decision on Shiv Sena. It will not be decided in the court whether the partition is correct or not?
Governor’s counsel also argued
Solicitor General Tushar Mehta appeared on behalf of the governor. He said, ‘People choose an ideology. It is wrong to contest elections in one coalition and form the government with another. This is the gist of the Supreme Court’s decision in Rajendra Singh Rana case.
Will the Maharashtra Government Shinde fall then? Who will get the Shiv Sena?
In the Supreme Court, both the parties are fiercely targeting each other. Both claim that the Shiv Sena is their party. So what can the court decide? Will the Shinde government fall? Who will occupy Shiv Sena?
To understand this, we spoke to the Supreme Court’s advocate Chandra Prakash Pandey. “A lot has changed in the last one month,” he said. Floor test and then Shinde has become chief minister. In the floor test, Shinde has won the support of the MLAs. That cannot be ignored. In such a situation, it is possible that the court will try to know the side of the Election Commission in this matter as well.
Because according to the law, now the Election Commission has to decide who will have the right over Shiv Sena? Therefore, the court can also make the Election Commission a party to this issue. The court can also stop the hearing of this matter till the decision of the Election Commission comes.’
Pandey further says, ‘Shinde may have proved majority in the assembly, but to lay claim on Shiv Sena, he will need the support of party leaders. If he has the support of more leaders of the party, then he can get Shiv Sena. The outcome of the recent war of rights over the AIADMK in Tamil Nadu is in front of everyone. Palaniswami was reposed in the majority of the elected members of the party and was made the interim general secretary. Whereas, Panneerselvam was shown the way out of the party.
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