Shiv Sena Vs Shiv Sena- Supreme Court Judgement Today- LIVE UPDATES

Supreme Court holds that the Speaker's decision to appoint Mr.Gogawale (backed by Shinde group) as the whip of the Shiv Sena party was illegal.

CJI : The Speaker did not attempt to identify which of the two persons - Mr.Prabhu or Mr. Gogawale- was the whip authorised by the political party. Speaker must recognize only the whip appointed by the political party.

CJI : The Speaker was aware of the emergence of two factions in the legislative party on 3 July 2022 when he appointed a new whip.

In Nov 2019, MLAs unanimously resolved to appoint Uddhav Thackeray as the party leader and Eknath Shinde as the group leader. 

CJI : Whip appointed political party is crucial for tenth schedule. 

CJI : To hold that it is the legislative party which appoints the whip will mean severance of the umbilical chord with the political party. It means group of MLAs can disconnect from the political party

CJI : Article 212 cannot be interpreted to mean that all procedural infirmities of the house are beyond the pale of judicial review

CJI : Legislators directly elected by people have duty to hold executive accountable.

CJI : Having referred to the matter to larger bench, Nabam Rebia did not strictly arise in this case and we decided the merits of this particular case.

CJI says issues such as whether a notice to removal of Speaker will restrict the powers of Speaker to issue disqualification notices needs examination by larger bench.