Sena VS Sena: There is a legal tussle between the two Shiv Sena camps to control the party in the Supreme Court.
This comes weeks after the tussle between the Uddhav Thackeray and Eknath Shinde camp, which led to the collapse of the Shiv Sena-NCP-Congress government in Maharashtra.
Sena VS Sena on SC
The top court is hearing six petitions in this matter. One of them is from the Shinde camp and challenges the disqualification proceedings initiated by Deputy Speaker Narhari Jirwal against the MLAs of the faction when they were in Guwahati.
The five arguments of the Thackeray camp challenge the moves of the new president Rahul Narvekar, the order of Governor BS Koshyari asking the Thackeray government to prove its majority and the petition to suspend the MLAs of the Shinde camp.
The Thackeray family‘s counsel Kapil Sibal told the court today that the Shinde camp MLAs have violated the whip and should be disqualified. He has also said that the Governor should not have allowed him to take oath while the Supreme Court proceedings were pending.
Mr Sibal also argued that the election of the Speaker of the Assembly is invalid as the MLAs who voted for him should have been disqualified.
He said that if this continues, 7-8 MLAs will be snatched every time. He asked, “What happens to the will of the people, who elected the MLAs? How can people be allowed to defect?”
Harish Salve, on behalf of the Shinde camp, read the law on disqualification proceedings. “Are we in such a hopeless situation that a man who cannot find even 20 MLAs to support him should be brought back to power by the courts?” They said.
He said that Shinde camp MLAs have the right to democracy within the party and raising voice within the party is not a ground for defection or disqualification.
Responding to Mr. Salve, Chief Justice of India NV Ramana said the laws apply to both the factions. “We had said in the previous case that in such cases the parties should first approach the High Court and then come here.
Solicitor General Tushar Mehta, appearing for the Governor, submitted that he did not have a copy of the fresh petitions filed in the matter.
When Mr. Salve sought a week’s time to file replies on all the issues, Mr. Sibal insisted that he reply today. Mr. Salve then replied, “I don’t know why my friend is so apprehensive.”
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