“Man Who Can’t Find 20 MLAs’ Support…”: Sena Showdown In Supreme Court


Tussle between the Uddhav Thackeray and Eknath Shinde camps brought down the Sena-NCP-Congress government

New Delhi:
Following heated exchanges in the legal fight between two Shiv Sena factions, the Supreme Court today ordered that the status quo on disqualification notices moved by the two camps against legislators in the opposite side will continue.

Here are the top 10 facts on this big legal fight:

  1. The Supreme Court issued notices to all parties and sought their response to the six petitions filed in the matter. The next hearing is on August 1.

  2. Of the six petitions, one is from the Shinde camp and challenges disqualification proceedings initiated by Deputy Assembly Speaker Narhari Zirwal against legislators of the faction when they were in Guwahati.

  3. The five pleas by the Thackeray camp challenge the new Speaker Rahul Narwekar’s steps, Governor BS Koshyari’s order asking the Thackeray government to prove its majority and a petition seeking suspension of Shinde camp MLAs.

  4. Kapil Sibal, counsel for the Thackerays, told the court that the Shinde camp legislators had defied the whip and must be disqualified. He also said the Governor should not have allowed them to take oath while Supreme Court proceedings were pending. Mr Sibal argued that the election of the Assembly Speaker is invalid because the MLAs who voted for him should have been disqualified.

  5. He said that if this keeps happening, then 7-8 MLAs will be taken away every time. “What happens to the will of the people then who elected the MLAs? How can people be allowed to defect?,” he asked.

  6. Appearing for the Shinde camp, Harish Salve read out laws on disqualification proceedings. “Are we in such a hopeless situation that a man who cannot even find 20 MLAs to support him has to be brought back to power by the courts?,” he said.

  7. He said that MLAs from the Shinde camp have a right to democracy within the party and that raising your voice within the party is not defection or ground for disqualification.

  8. Responding to Mr Salve, Chief Justice of India NV Ramana said that laws apply to both the factions. “We had said in a past case that in such issues parties should approach high court first and then come here,” he said.

  9. When Mr Salve sought a week to file a reply on all issues, Mr Sibal insisted that they reply today. Mr Salve then responded, “I do not know why my friend is so apprehensive.”

  10. The legal battle between the two camps comes after the party tussle brought down the Shiv Sena-NCP-Congress government in Maharashtra. Eknath Shinde, with support from the BJP, has now taken over as Chief Minister.



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