Shiv sena verdict

Mumbai: Ahead of the Supreme Court's verdict on last year's Maharashtra political crisis, Shiv Sena Uddhav Balasaheb Thackeray (UBT) leader Sanjay Raut today said that if 16 MLAs of Eknath Shinde-led Shiv Sena including Chief Minister Eknath Shinde are disqualified, "then the group of traitors will be finished". "If the 16 MLAs including CM Shinde are disqualified today, then this group of traitors will be finished," Sanjay Raut told ANI. A five-judge Constitution bench of the Supreme Court will pronounce a verdict relating to last year's Maharashtra political crisis which led to a split in Shiv Sena. The bench comprising Chief Justice of India DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha will pronounce judgement on a batch of cross-petitions filed by Uddhav Thackeray and chief minister M Eknath Shinde factions on Maharashtra political crisis. The crisis prompted a change of guard in the state last year with Mr Shinde joining hands with BJP to form the government. The judgement would also have broader implications as the court is likely to decide the role of the Speaker and the Governor in case of defections and intra-party crisis. On Wednesday, Mr Raut said the judgement would decide whether "democracy is alive or not" in the country. "The judgement by the Supreme Court will be very important for the state of Maharashtra and the country. We are not predicting what Supreme Court will say tomorrow but for democracy tomorrow is important. ...

The Supreme Court stated that Uddhav Thackeray, leader of Shiv Sena (UBT), cannot be reinstated as the Chief Minister of Maharashtra as he voluntarily stepped down without facing a floor test. Maharashtra Deputy CM and BJP leader Devendra Fadnavis welcomed the verdict and claimed it is a victory for democracy and the democratic process. Thackeray, in his reaction, accused the governor, the Election Commission of India, and the current regime of playing a role in the judgement and stated that the Maha Vikas Aghadi conspiracy has been defeated. He also called for the current government's resignation. Earlier Shiv Sena (UBT) President and former Chief Minister Uddhav Thackeray had stated that the Supreme Court verdict has exposed the role of the Governor, the Election Commission of India and the current regime. "In view of the judgement, if the present government has any morality left, then it should forthwith resign, just as I had tendered my resignation (in June 2022)," said Thackeray, in his first reaction to the much-awaited verdict. The top court held that the Maharashtra Governor erred in concluding that Uddhav Thackeray had lost the majority in the House. The bench said the lack of security to MLAs (Eknath Shinde faction) is not a reason to conclude that a government has fallen and it was nothing, but an extraneous reason to be relied upon by the Governor. The top court said the Governor had no objective material to doubt the confidence of the Maha Vikas Aghadi governm...

MENU MENU • • • • • • • • • • • • • • • • • • • • • Current Affairs • • • • • • Quizzes(Prelims) • • • • • • • Mains • • • • • • • • • Analyticas: Optional Subjects • • • • • • • • • • • • • • • • • • • • • Current Affairs • • • • • • • • • • • • • Quizzes • • • • • • • • Mains • • • Interview • • • Questions Papers & Syllabus • • • • • • • • • • • • • • General Studies – 1 • • • • • • • • • General Studies – 2 • • • • • General Studies – 3 • • • • • • • General Studies – 4 • • • Background of the issue: In 2019, Uddhav Thackeray became the Chief Minister of Maharashtra leading the MVA alliance. In 2022, Eknath Shinde and other MLAs went missing, claiming no confidence in the MVA alliance and Thackeray. The Thackeray group initiated disqualification proceedings against them, and Mr Shinde moved the Supreme Court to dispute it. The Governor directed a floor test to see if Thackeray’s government still had support, and Uddhav Thackeray resigned without facing it. Later, the Election Commission of India allotted the name Shiv Sena and party symbol to Shinde’s faction, and Thackeray’s side argued that they must be disqualified as their actions amounted to defection. Key observations by Supreme Court in the Maharashtra verdict: Observation Explanation Appointment of whip Speaker must recognise the whip and leader authorised by the political party, based on the party constitution, after conducting an inquiry. The power to appoint a whip and a leader rests with the “political part...

Jyoti Basu was one of India’s longest serving Chief Ministers. For much of his time, substantial power was wielded not from Writers building, the seat of the state government, but from the headquarters of the CPM, at 3 Alimuddin street. There, the Chairman of the party, Comrade Pramod Dasgupta treated the legislature party as but a unit of the party machinery. Similarly the first Shiv Sena government of Manohar Joshi, used to take its orders from the Sena Pramukh Balasaheb Thackeray who ruled from Matoshree in Bandra East. Now, the unanimous Supreme Court judgment has ruled that the party referred to in the schedule is the actual political party and not the legislature party alone.The whip that binds the legislators comes not from within the legislature, but from outside it. The court ruled: “The political party and not the legislature party appoints the Whip and the Leader of the party in the House. Further, the direction to vote in a particular manner or to abstain from voting is issued by the political party and not the legislature party." The decision of the Speaker as communicated by the Deputy Secretary to the Maharashtra Legislative Assembly dated 3 July 2022 is contrary to law. “The Speaker shall recognise the Whip and the Leader who are duly authorised by the Shiv Sena political party with reference to the provisions of the party constitution, after conducting an enquiry in this regard and in keeping with the principles discussed in this judgment," the order read....

The most interesting thing about the Supreme Court of India’s judgment on the Floor test was wrong in law The Maharashtra Governor’s action in calling for a floor test has been very severely criticised by the Court, which characterised it as illegal. The judgment says, “In the present case the Governor did not have any objective material before him to indicate that the incumbent government had lost the confidence of the House and that he should call for a floor test. Hence, the exercise of discretion by the governor in this case was not in accordance with Law.” The Court has said in so many words that the Governor is a constitutional authority and should not involve himself in any inner- or intra-party disputes. Well, it is logical for the Court to say that the However, the Constitution Bench does not find anything wrong in the same Governor inviting Explained | What is the SC ruling on Sena vs. Sena? As per the universally accepted convention, in all democratic countries, when a government falls, the constitutional head, Governor or President, enquires of the leader of the Opposition whether he could form a government. The Governor of Maharashtra did not ask the leader of the Opposition in the Assembly whether he was in a position to form a government. Instead, he chose another member of the Shiv Sena, whose government had just resigned, to form the government. This action of the Governor showed that he was a willing party to the ongoing inner-party conflict in the Shiv S...

A constitution bench of the Supreme Court delivered its verdict on the Shiv Sena case on Thursday, May 11 in favour of Maharashtra Chief Minister Eknath Shinde's faction. The top court ruled that it cannot disqualify the current state government and reinstate Uddhav Thackeray as chief minister since the latter had chosen to resign instead of going for a floor test. The judgment came in connection with the rule on a batch of petitions including one of the petitions filed by Shiv Sena UBT chief Uddhav Thackeray seeking to disqualify 16 MLAs from the Shinde faction who rebelled against then Shiv Sena that led the party to split and caused the collapse of the Maha Vikas Aghadi (MVA) government. Top quotes of the Supreme Court bench in the Shiv Sena case 1. The top court said that since Thackeray had resigned without facing the floor test, the Governor was justified in inviting Shinde to form the government. "The Governor was not justified in calling upon Mr Thackeray to prove his majority on the floor of the House because he did not have reasons based on objective material before him to reach the conclusion that Mr Thackeray had lost the confidence of the House,” the court said. 2. The apex court also stated that the floor test cannot be a medium to resolve the internal party disputes. “However, the floor test cannot be used as a medium to resolve internal party disputes or intra-party disputes. Dissent and disagreement within a political party must be resolved in accordance w...