Supreme court decision on shiv sena today

Premium Shiv Sena row: SC refuses to stay EC order, issues notice to Shinde group A three-judge bench presided by Chief Justice of India D Y Chandrachud also extended the permission granted by ECI to the Shiv Sena (Uddhav Balasaheb Thackeray) to retain its name and symbol ‘flaming torch’, till further orders. Also Read | Seeking interim protection, Senior Advocates Kapil Sibal, A M Singhvi and Devadutt Kamat, appearing for the Thackeray group, expressed apprehension that the Shinde camp would take over the party’s bank accounts and properties. Sibal said it may even lead to a law and order situation. “Does the (EC) order contain any direction regarding bank accounts or properties,” the SC asked. “No, but tomorrow they will say they are the party, they will take over…They are doing that… So no taking over of bank accounts, properties, all those things till the court decides the matter,” Sibal responded. The CJI, however, said the court can only consider matters which are part of the EC order. “If something is a part of the EC order, we can certainly look at it. This does not form… The EC order is confined to the allotment of a symbol,” he said. Girish Kuber writes: | The CJI then responded: “But equally, now that they have succeeded after hearing before the EC, we can’t pass an order which has the effect of staying the order without a hearing…We are entertaining the Special Leave Petition. We can’t stay the order at this stage”. The senior counsel then prayed for liberty to...

The course of politics may take a big turn on Thursday with the Supreme Court’s verdict in a batch of petitions filed by the factions of Uddhav Thackeray and Chief Minister Eknath Shinde over the split in Shiv Sena and subsequent change of the government in state last year. Chief Justice DY Chandrachud-headed five-judge constitution bench will pronounce the verdict. All you need to know about the case and 2022 Maharashtra political crisis: The apex court will take the decision on the disqualification of Chief Minister Shinde and 15 other MLAs who revolted against Shiv Sena and then Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray. If disqualified, Shinde will have to quit the Chief Minister post and his government will be dissolved. Thackeray had knocked on the door of the Supreme Court asking it to reinstate his government in the state. After hearing the batch of petitions for 9 days, the top court had on reserved its verdict on March 16. The SC judges had on the last day of the hearing wondered as to how it can reinstate Uddhav Thackeray as Chief Minister and his government in the state as he resigned before facing the floor test. In the court, the faction led by Thackeray was represented by lawyers Kapil Sibal, Abhishek Manu Singhvi, Devadatt Kamat and Amit Anand. On the other hand, Shinde faction’s counsels were Neeraj Kishan Kaul, Harish Salve, Mahesh Jethmalani and Abhikalp Pratap Singh. According to a report by news agency PTI, Solicitor General Tushar Meh...

Image Source : PTI Ex-Maharashtra chief minister Uddhav Thackeray Sena vs Sena Supreme Court judgment: The Supreme Court on Thursday (May 11) ruled that Uddhav Thackeray government in Maharashtra can't be restored as the then Chief Minister had resigned on his own last year amid a huge drama that resulted in a vertical split in Shiv Sena. The Supreme Court noted that it can't disqualify 16 Shiv Sena MLAs, including Eknath Shinde who led the revolt against Uddhav Thackeray in June last year. Criticising the stance of the Governor, the SC held that the exercise of discretion by Bhagat Singh Koshyari was not in accordance with the Constitution of India. CJI ruled that there were no communications relied on by the Governor indicating that the dissatisfied MLAs wanted to withdraw support to the government. "If the Speaker and the government circumvent the no-confidence motion, the Governor will be justified in calling for a floor test without the aid and advise of the council of ministers...The assembly was not in session when the Leader of the Opposition Devendra Fadnavis wrote to the Government. The opposition parties did not issue any no-confidence motion. The Governor had no objective material to doubt the confidence of the Govt," the top court said. The Governor erred in relying on the resolution of a faction of MLAs of Shiv Sena to conclude that Uddhav Thackeray had lost the support of the majority of MLAs. Supreme Court says the Speaker must decide on disqualification pe...

File photo of Eknath Shinde and Uddhav Thackeray A five-judge Bench will deliver its judgment on a batch of petitions pertaining to last year's split in the Shiv Sena between Uddhav Thackeray and Eknath Shinde. The ruling would also focus on the decision taken by then Governor, Bhagath Singh Koshiyari to invite the Shinde faction to form the government along with the BJP after Uddhav Thackeray chose to resign as chief minister of Maharashtra. The court would also deliver its verdict on the Governor which had gone on to invite Shinde to form the government. The crucial aspect would be how the Governor went on to invite the Shinde faction to form the government despite disqualification proceedings being pending before the then deputy speaker under the anti-defection law. Even if the Supreme Court rules that the decisions by the Governor were unconstitutional, it would have give a ruling on the validity of the Shinde led government. It would also have to answer the question on what it had called during one of its hearings, a 'legal conundrum' surrounding the fate of Thackeray who had chosen to resign even before taking the floor test. The Bench may also decide on whether the Shinde faction violated the anti-defection law by not merging it with any other party on the floor of the House. This would lead to the Bench deciding on the disqualification proceedings initiated by the then deputy speaker against the 16 MLAs from the Shinde faction. Possible scenarios: If the verdict is...

Supreme Court Live-streaming LIVE Updates: In a big relief for the Eknath Shinde faction and a setback to the Uddhav Thackeray camp, the Supreme Court on Tuesday set aside a stay on proceedings before the Election Commission of India in the ‘real’ Shiv Sena symbol case. The top court has given permission to the ECI to conduct the proceedings with regards to who is the ‘real’ Shiv Sena. In a first, the apex court today began live-streaming its constitution bench proceedings and the hearing of pleas challenging reservation for the Economically Weaker Sections and the row over control of Maharashtra Governor Bhagat Singh Koshyari has told the Supreme Court that its a political decision to decide which faction is the real one. Solicitor General Tushar Mehta, appearing for the Governor, also states that since it’s a political question it’s the Election Commission of India which will decide the matter. Four years after the historic judgment, the Supreme Court on Tuesday started live-streaming court proceedings in important constitutional cases. On September 27, 2018, the then Chief Justice of India Dipak Misra had delivered the landmark judgement on the live telecast or webcast of important proceedings in matters of constitutional importance, saying sunlight is the best disinfectant. A new constitution bench headed by Justice S Abdul Nazeer will function in the Supreme Court from tomorrow. THE BENCH WILL HEAR THE FOLLOWING:- — Pleas challenging the decision of the central govern...