Maharashtra Politics- Shiv Sena Vs Shiv Sena- Supreme Court Hearing- LIVE UPDATES

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3 Aug 2022 6:20 AM GMT

  • Maharashtra Politics- Shiv Sena Vs Shiv Sena- Supreme Court Hearing- LIVE UPDATES

    The Supreme Court on Wednesday heard the preliminary arguments in the cases relating to dispute between Uddhav Thackeray and Eknath Shinde arising out of the rift within the Shiv Sena political party.After hearing the senior lawyers appearing for both sides for over an hour, the bench adjourned the hearing till tomorrow morning, asking Senior Advocate Harish Salve (who appeared for Eknath...

    The Supreme Court on Wednesday heard the preliminary arguments in the cases relating to dispute between Uddhav Thackeray and Eknath Shinde arising out of the rift within the Shiv Sena political party.

    After hearing the senior lawyers appearing for both sides for over an hour, the bench adjourned the hearing till tomorrow morning, asking Senior Advocate Harish Salve (who appeared for Eknath Shinde group) to re-draft the written submissions for more clarity.

    A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli was hearing the petitions filed by petitioners belonging to Eknath Shinde and Uddhav Thackeray factions of Shiv Sena party in relation to disqualification proceedings, election of Speaker, recognition of party whip, floor test for Shinde Government in the Maharashtra assembly and proceedings initiated by the Election Commission of India on request made by the Eknath Shinde-led faction for their recognition as the 'real' Shivsena and their claim over the party's election symbol - the bow and arrow.

    A three-judge bench of the Supreme Court on July 20 had observed that the issues arising in the petitions filed in relation to the Shiv Sena rift may have to be referred to a larger bench. CJI NV Ramana orally remarked during the hearing that important constitutional issues arise in the cases which may require adjudication by a larger bench. However, the CJI made it clear that he is not immediately constituting the bench and the parties must first come up with the preliminary issues.

    Senior Advocates Kapil Sibal and Dr Abhishek Manu Singhvi appeared for the Uddhav group. Senior Advocates Harish Salve, Neeraj Kishan Kaul and Mahesh Jethmalani appeared for the Shinde group. Solicitor General of India Tushar Mehta appeared for the Maharashtra Governor.

    READ THE LIVE UPDATES FROM SUPREME COURT HERE

    Live Updates

    • 3 Aug 2022 7:30 AM GMT

      Salve : Till we have Speaker decide I have given up membership, the question of demolishing my defences will not arise. Why raise ghosts and start slaying them? We are not arguing any split or merger. Our argument is simple, we have not given up membership.

    • 3 Aug 2022 7:30 AM GMT

      CJI : If tomorrow disqualification petition is filed before Speaker, and 4 or 5 people send a notice against Speaker saying Speaker can't decide....

      Salve : I am not venturing into those issue, in Nabam Rebia Court considered those concerns.

    • 3 Aug 2022 7:25 AM GMT

      Salve : I am taking the petition head on and I am saying as a matter of fact or law I have not given up party membership and somebody has to decide that. Inviting the Court to decide saying someone doesn't trust Speaker is not something precedents support.

    • 3 Aug 2022 7:25 AM GMT

      Salve : I am taking the petition head on and I am saying as a matter of fact or law I have not given up party membership and somebody has to decide that. Inviting the Court to decide saying someone doesn't trust Speaker is not something precedents support.

    • 3 Aug 2022 7:24 AM GMT

      CJI : Rightly or wrongly we granted some relief and now you come and say that we can't decide?

    • 3 Aug 2022 7:24 AM GMT

      CJI : In normal administrative matters what we do, let the person decide and you challenge.

      CJI : Rightly or wrongly we granted some relief and now you come and say that we can't decide?

    • 3 Aug 2022 7:22 AM GMT

      CJI : Let us decide the issue, after the Speaker's decision you can challenge.

      Salve : The reason we came here was Speaker cannot decide as there is a resolution seeking his removal.

    • 3 Aug 2022 7:21 AM GMT

      Kaul : The reason we came here there was serious issue of threat. Protection was given here.

      CJI : Nabam Rebia was decision of 2016. In Karnataka judgment we considered that and said High Court has to be approached first.

    • 3 Aug 2022 7:21 AM GMT

      Sr Adv Neeraj Kishan Kaul for Shinde group : Your lordships are asked to bypass all other constitutional bodies.

      CJI : You came here first. And the entertaining of that petitin was contrary to Karnataka judgment where we said High Court has to be approached first.

    • 3 Aug 2022 7:19 AM GMT

      Salve : The starting point is has anybody left the membership. I am not saying there is any advantage by ten days.

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