8.2 C
New York
Tuesday, August 9, 2022
HomeWorldIndiaThe Supreme Court asks the Electoral Commission not to take hasty measures...

The Supreme Court asks the Electoral Commission not to take hasty measures regarding ‘Real Claim Shiv Sina

3 judges bench of Supreme court on Thursday said he will decide on Referring emerging cases out of rift in Shiv Sena is a politician to a seat in the Constitution. chief judge of India, leading The bench said orally that a decision on The signal is likely to be by August 8th.

The bench also Orally asked the Electoral Commission of India not to take any hasty action on Allegation made by Eknath Shinde group for Recognize them as real chef sina party in In the meantime. he is bench note in The arrangement in which ECI may give Reasonable deferment for Uddhav Thackeray group to provide their responses in view of spoon of Subject in Supreme court.

Election Commission of India took The position that the disqualification proceedings under the tenth schedule the work in Different territory and do not affect the commission power to decide on the claim of Rival Factions for official Recognition.

a bench include President of the Supreme Court of Ramana India, Judge Krishna Murari And the justice Hema Kohli He was listening to the petitions of the petitioners of the Eknath Shinde and Udhav Thackeray factions. of chef sina party in Regarding disqualification procedures, elections of speaker, recognition of party whip, floor test for Shinde government in Maharashtra Assembly and Procedures Initiated by Election Commission of India on Request made led by the Eknath Shinde faction for Recognize them as ‘realShivsena’ and claim them over The partysymbol of his election – bow and arrow.

shindi group send questions of Law

Shendi group lawyer Senior Lawyer Harish Salvi, who asked by bench Yesterday to submit a review list of Issues in The case began with a reading out questions of Suggest the law.

Questions are asked below :

We can’t completely ignore the politics of party says CJI

He said the disqualification proceedings usually take several months, “If the speaker takes half a month to make a decision. What does this mean? that they should Stop attending the proceedings of The house? and all decisions taken illegally. The anti-dissent law cannot be a law against the opposition. No principle is illegal per se, even and unless there is a consequence of disqualification

Here, CJI said if they would agree with Ointment, then what is use of Whip. “We can’t completely ignore the politician partyit will be danger for democracy,CJI said.

previous reply,

in the facts of This case, there is nothing to show that this people left The party. There are two important cases. It could be political party You can decide to overlook. Therefore, it is not illegal per se. And if months pass before the determination of ineligibility, is it votes given and decisions taken in The houseHas it become illegal?

ointment added regarding to back Doesn’t mean everything they did in The house It is considered illegal. “related back It means disqualification back But the verbs in The house They are protected.

shindi group Can’t claim to be real chef sina

First Lawyer, Kabul Sibal on On the other hand appear for Udhav group They submitted that 40 Rebel MLAs were unqualified for their behavior and, therefore, could not say they were Shiv Sena.

They say they have support of 40 out of 50 MLAs. So their argument is that it is political party. If 40 MLAS is excluded, what is the basis for their claim.? “

“This is not an ordinary case. Here the entire claim is based on support of The majority of MLAs. If they are excluded, the claim goes. Where is the scale? of Comfort lie? Why should is being made There is no going back and a fait accompli? “, added Senior Advocate Dr. Abhishek Manu Singhvi, also appear for Udhav group.

Applications made by ECI

Senior Lawyer Arvind Dattar Appears for The Electoral Commission stated that the IEC is governed by representation of People’s Law and Election Symbols System.

As per the rule, we are obligated to decide whether a claim is brought by a group… The tenth schedule It is a different area. If they are disqualified, they cease to be members of Legislature. not political party. These are different. whatever happens in Gathering, who has nothing to do with The membership of political party.

Datar claimed that the tenth schedule die do not interfere with ECI powers.

The organization came in 1965. Tenth schedule He did not block the powers of Election Commission. I am constitutional separate body and the tenth schedule I cannot object to my actions.

However, the Joint Commission International (CJI) told the ECI not to take any hasty action in In the meantime. “We do not make any orders. But at the same time, don’t take any hasty action…

Yesterday, the Supreme Court heard the preliminary arguments in Emerging issues regarding the dispute between Uddhav Thackeray and Eknath Shinde out of The discord within Shiv Sena’s political party. After hearing a file senior The advent of lawyers for Both sides for over hour bench The hearing was adjourned until this morning, and Senior Advocate Harish Salvi asked (who Back for Eknath Shinde group) to paraphrase written submissions for more clarity.

Top Defenders Kapil Sibal and Dr. AM Singhvi for Udhav group argued that since rebellion group They violated the chief whip, they are ineligible for the tenth schedule. he is also feet that protection Pursuant to paragraph 4 of The schedule Not available them because they did not merge with Another politician party.

The appearance of the ointment for Eknath Shinde argued that there was no split in political party But there was a disagreement over Its leadership, which can be said to be “internalparty”dispute does not fall within the scope of split.

The presence of Attorney General Tushar Mehta for Maharashtra Governor Bhagat Singh Koshyari has submitted that the court should consider whether or not the 10th session schedule Can be “misused” to reduce-party democracy and prevent members of the majority from exercising their freedom of expression inside party.

three judges bench of Supreme court on July 20 may note that emerging issues in Petitions filed in Regarding the Shiv Sena crack, a larger scale may have to be indicated bench. CJI NV Ramana noted orally during the hearing that important constitutional issues arise in Cases that may require dismissal by Akbar bench.

On June 27, a division bench of Judges Surya Kant and JB Bardiwala had extended the time for Rebel MLAs are to submit written responses to the House Vice Speaker’s notice of ineligibility through July 12.

Below are the petitions:

  • The petition is favored by rebel leader Shiv Sena Eknath Shinde (now Chief Minister) and the petition by Bharat Gogawale and 14 other Shiv Sena MLAs to challenge the impeachment proceedings initiated by the Deputy Speaker and seek to prevent the Deputy Speaker from taking any action in Petition of disqualification until decision for Removal of Decides Vice Speaker of the House of Representatives. On June 27, a division bench of Judges Surya Kant and JB Bardiwala had extended the time for Rebel MLAs are to submit written responses to the House Vice Speaker’s notice of ineligibility through July 12.
  • Petition filed by Shiv Sena Chief Whip Sunil Prabhu (belonging to Uddhav Thackeray groupMaharashtra Governor’s Challenge direction to me Chief Minister to me prove The majority of of Maha Vikas Agadi government. On June 29, the Supreme Court refused to stop floor test. After court order Udhav Thackeray announced Resignation on behalf of Chief Minister Eknath Shinde later took the oath-in Such as CM.
  • Petition filed by Sunil Prabhu, whip appointed by Udav Thackeray groupwork challenge of newly elected Maharashtra State Assembly Speaker admits whip nominated by Eknath Shinde group as head whip of Chef Sina.
  • Petition favored by Mr. Subhash Desai, Secretary General of Shiv Sina (of Udhav group) attack decision of Maharashtra Governor to invite Eknath Shinde to be Chief Minister of Maharashtra is appealing further actions of The state legislature convened on 03.07.2022 and 04.07.2022 for election of The new speaker and vote of confidence of shindi government as “illegal”.

Recently, Uddhav Thackeray group of Shiv Sena had applied to the Supreme Court to challenge the decision of Chief of Lok Sabha, Om Birla in Approval of MP Rahul Shewel of shindi mascara group Such as party’s floor leader.

Follow World Weekly News on

Sallie Anderson
Sallie Anderson
Sallie works as the Writer at World Weekly News. She likes to write about the latest trends going on in our world and share it with our readers.

Leave a Reply

Must Read