Supreme court decision on shivsena

Explained | What is the SC ruling on Sena vs. Sena? Why did the Court state that the call of the then Maharashtra Governor to initiate a trust vote was not justified? Can the Court reinstate Uddhav Thackeray? Can the courts rule on disqualification petitions? What has it said on the Speaker’s role? May 11, 2023 10:40 pm | Updated May 12, 2023 01:19 pm IST The story so far: In How did the case land in the SC? Last year, the The first petition was filed by Mr. Shinde last June after notices were issued by then Deputy Speaker of the Maharashtra Assembly, Narhari Zirwal, against 40 rebel MLAs under the 10th Schedule of the Constitution which deals with disqualification on the grounds of defection. Thereafter, petitions were filed by the Thackeray group challenging the then Maharashtra Governor’s decision to call for a trust vote and the swearing-in of Mr. Shinde as Chief Minister. The election of the new Speaker, Rahul Narwekar, was also challenged. A Constitution Bench of Chief Justice of India D.Y. Chandrachud, Justices M.R. Shah, Krishna Murari, P.S. Narasimha, and Hima Kohli had reserved its judgment on March 16. On May 11, based on the five petitions and arguments made by both parties, the Court gave its ruling on questions of law that arose in this case in a 141-page judgment. Can the Supreme Court decide a disqualification petition? The Speaker is the authority to adjudicate petitions for disqualification under the 10th Schedule. The petitioners wanted the Court to give...

Chief Justice of India U.U. Lalit on Tuesday indicated that the Supreme Court may list on Wednesday the dispute between former Maharashtra chief minister The Chief Justice hinted at listing the case on Wednesday after senior advocate Neeraj Kishan Kaul, for the Shinde faction, mentioned it for early hearing. Mr. Kaul said the proceedings before the Election Commission (EC) has been paused to await the outcome of the apex court case. On August 23, a three-judge Bench had referred the dispute to a Constitution Bench. The three-judge Bench had raised important constitutional questions relating to interpretation of Schedule 10 (anti-defection law) of the Constitution pertaining to disqualification, as well as the powers of the Speaker and the Governor and the power of judicial review. It had highlighted gaps in the court's earlier judgment in Nebam Rebia case relating to the power of the Speaker/Deputy Speaker to initiate disqualification proceedings, when proceedings for his or her own removal from office has been initiated. The Bench had framed 10 questions of law for the Constitution Bench to consider and decide. These included questions on the scope of the power of the Speaker to determine the Whip and the Leader of the House Legislature Party; whether intra­party decisions were amenable to judicial review; the extent of discretion and power of the Governor to invite a person to form the government, and whether the same is amenable to judicial review; the scope of the powe...

• • • • Supreme Court verdict on real Shiv Sena: Celebrations in Shinde camp, Uddhav’s side readies for EC Supreme Court verdict on real Shiv Sena: Celebrations in Shinde camp, Uddhav’s side readies for EC “The constitutional experts also believed that whatever decision we have taken is not wrong or illegal. We welcome the decision. We have formed this government based on the Constitution and law. We have not done anything wrong. The ECI will decide further,” Shinde told mediapersons.

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...

As SC Decides Who Is 'Real Shiv Sena', A Look At The Political Crisis In Maharashtra Amid the ongoing political tussle in Maharashtra, the Supreme Court is hearing pleas by Shiv Sena and its rebel MLAs regarding the constitutional validity of issues related to splits, mergers of political parties, defections, and disqualifications. • • • • • Representational Image PTI On August 8, the Supreme Court wasset to decide if a plea filed by Maharashtra Chief Minister Eknath Shide's faction staking claim to the "real" Shiv Sena will be heard by a Constitution bench. The court had earlier asked the Election Commission to hold off on taking any immediate decision with regard to the plea and had said it will announce its decision on Monday. A bench headed by Chief Justice N V Ramana had said last week on Thursday that it would take a call by Monday on referring the matters related to the recent Maharashtra political crisis to a constitution bench. "We will decide whether to refer the matter to the 5-judges constitution bench," the bench, also comprising justices Krishna Murari and Hima Kohli, said. The apex court was hearing the petitions filed by the Shiv Sena and its rebel MLAs during the recent Maharashtra political crisis which raised constitutional issues including those related to splits, mergers of political parties, defections, and disqualifications. The Uddhav Thackeray faction of the Shiv Sena had in July moved the Supreme Court against the proceedings of the Election Commi...