Maharashtra Politics Supreme Court: Power struggle in Maharashtra before a five-member constitution bench headed by Lena Chandrachud the hearing Election commission started Shiv SenaThe Shinde group has approached the Supreme Court to lift the stay on the hearing of the (Shiv Sena) case. Hence, the Shiv Sena had demanded that the Election Commission should not act until the Supreme Court’s decision comes. Hearing is going on before the Constitution Bench in the power struggle in Maharashtra. The hearing will now take place after the lunch break. A decision is likely to be taken today on whether the Election Commission should approve the action regarding the symbol.
After the hearing before the Constitutional Court, Shinde Group’s counsel Ed. Kaul said that the Election Commission has the right to hear about the symbol of Shiv Sena and the Supreme Court has not banned it. So, Shiv Sena’s lawyer Adv. Kapil Sibal demanded that the Election Commission should be given the right to hear the entire matter after hearing.
Kaul said that in the last hearing, the Supreme Court did not stop the hearing, but said that a big decision should not be taken.
Salah Sibal said that these developments started from June 20. A meeting of all the party MLAs was called on June 21. However, many MLAs were absent in this meeting. These absent MLAs are in Guwahati. It was said that action would be taken in case of absence in the meeting. After that action was taken against him. After that the absent MLAs claimed that you are not the leader of the party. On June 29, we filed for disqualification proceedings. Sibal brought to the notice of the court that he had gone against it in the court. Eknath Shinde reached the Election Commission on 19 July and claimed the party.
On Sibal’s submission, the court questioned whether Shinde was a party MLA, a member of the party. Sibal said that this is the core issue. He said that if Shinde is a member of the party, he can approach the Election Commission.
Sibal said those who have approached the Election Commission have challenged their authority. On this, the court said that it cannot stop the constitutional body from hearing. The court also told Sibal that it understood your point. Sibal said the member, who is facing disqualification proceedings before the court, has approached the Election Commission for the act of giving up his party’s membership. Sibal said that according to the 10th Schedule of the Constitution such a group is not called a indigenous political party.
The bench then observed that the group was not approved under the 10th Schedule of the Constitution and said that the Speaker of the Assembly and the Election Commission have to decide on the jurisdiction to decide on the symbol.
Sibal then read out the provisions of the 10th Schedule of the Constitution before the court. The court said that the definition of political party is not fixed in the constitution. Sibal cited an example and said, “If I am the leader of a party and showing readiness to prove my majority go to the Governor claiming to form the government, then this action will be taken under 2(1) of the Tenth Schedule.” under,” Sibal said. ,
The bench questioned what would be the effect of the party’s disciplinary action and suspension from the party. To this, Sibal said the suspension was not a voluntary action. The bench raised the issue as to how the disqualification action would affect the result of the symbol. Sibal said that in this way any government can be brought down. Sibal also said that he is the Speaker of his group and cannot take disqualification action.
The Shinde group went against the party whip and voted in favor of the BJP. Sibal said the group does not even say whether they are independent or have joined other parties. Sibal said his group’s only option was to merge as per the Tenth Schedule. Sibal said that he had accepted that the merger had not taken place.
What did Singhvi say?
Disqualification proceedings and hearings before the Election Commission are intertwined. Shinde Group has the option of disqualification or merger as per the Tenth Schedule. The group currently has the option of merger as per the Tenth Schedule. However, to avoid this action, the Shinde group approached the Election Commission under the provisions of the Constitution and claimed that they were the original party. He said that hearing before the Election Commission in the Supreme Court is like pulling a horse from a cart. It has been claimed that there has been an attempt by the Election Commission to legitimize the illegal act. He asked if the Election Commission cannot wait till the hearing in the Supreme Court is over.
What is the logic of the Shinde group?
Salah Kaul argued on behalf of Shinde Group. During this, he again presented the incidents before the court. The Shiv Sena faction, which is in a minority, held a meeting and appointed its whip. In this meeting, Eknath Shinde was removed from the post of group leader. Then a new group leader was elected. The governor had asked to prove the majority test. It was challenged in the Supreme Court. However, the court rejected this petition. Kaul has brought a no-confidence motion against the Deputy Speaker this time. He said that the hearing has not happened yet. He said that the Thackeray group is constantly making rounds of the court. The Election Commission is an autonomous body. That’s why he said that he has the right to take the election symbol.
Was the letter of removal of Shinde group members from the party given to the Election Commission? After Neeraj Kaul’s arguments, the Supreme Court questioned the Thackeray group. On that Sibal said that he has not been removed from the party but from the post.
During the hearing, the bench also took a break to discuss some points. On this occasion, the bench also raised some important questions.
