Shiv Sena lawyer Kapil Sibal’s question on Shinde Group’s issue; There was no concrete answer – Marathi News | If Shiv Sena did not leave, why did she go to Election Commission? Kapil Sibal’s question to Shinde Group in Supreme Court | Pro IQRA News

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By Online Folklore | Published by: August 4, 2022 01:18 PM2022-08-04T13:18:22+5:302022-08-04T13:21:13+5:30

The Supreme Court is hearing 5 petitions including the disqualification of 16 MLAs. After Eknath Shinde’s coup, the MLA accompanying him was disqualified by the Assembly Speaker. Shinde Group challenged it in court. Shinde took the supporting MLA to Guwahati in Assam via Surat in Gujarat.

The Shinde group’s lawyers said that they brought the case to the Supreme Court instead of going to the High Court because of the MLA’s safety. The court adjourned the hearing of the case till July 11 and the hearing of the case is ongoing. But in the meantime, Maha Vikas Aghadi’s government fell in Maharashtra. Uddhav Thackeray resigned as Chief Minister and Eknath Shinde was sworn in as Chief Minister. After that, the assembly speaker was elected.

BJP’s Rahul Narvekar becomes Speaker of Vidhan Sabha. In all these developments, we Shiv Sena are consistently from the Shinde Group. It is being said that we have not left the party and have not taken any anti-party action. In the Supreme Court, Shiv Sena’s Kapil Sibal and Shinde Group’s senior advocate Harish Salve are making strong arguments. If we are not out of the party, how are we disqualified? Shinde Group’s lawyer Salve asked this question in the court.

In this hearing, Kapil Sibal argued that the Shinde group claims to have the support of 40 out of 55 MLAs, but what is the basis for their claim if these MLAs are disqualified? How can MLAs claim to be a political party if they are disqualified? The Legislature Party cannot claim to be the original party. Sibal pointed out in the court that both political parties and legislative parties are different.

So none of us left the party. No action was taken against the party. We have only demanded a change of our leader. A leader who has a majority cannot be removed by a leader who does not have a majority. We are Shiv Sena. Absence from the party meeting disqualified? We have a majority in the legislature. So we have elected a leader, argued Harish Salve.

When arguments are going on from both sides, Kapil Sibal directly said that if you are saying that Shiv Sena did not leave, then why did you go to Election Commission? When the question was asked in the Supreme Court that the elections are near. So Harish Salve argued that we had gone to take the mark.

According to the 10th Schedule of the Constitution, if a group splits with two-thirds of its members, it is bound to merge with another party or form a new party. Ignoring this clause will not work. If the rebels are given shelter, the very purpose of the Prohibition of Defection Act will be defeated. On the contrary, Kapil Sibal told the court that this would create an image that the law legalizes deviance.

Some MLAs took a different stand to replace the Shiv Sena leader. How does it come under the Defection Act? This issue is not primarily an anti-party issue but an intra-party issue. Democracy refers to a political party. It is not right for the party chief to have all the powers. The Chief Minister was not even meeting the MLAs. During the hearing, Salve told the court that the MLAs were dissatisfied with the Shiv Sena party.

Along with this, there should be democracy in the party. A political party can have two factions. In 1969 there were also two factions in the Congress. Salve argued how dissent from the party chief’s views could violate the Anti-Defection Act. Defection Act cannot be used in this way. Salve said that no action can be taken against the President if there is a no-confidence motion.

Due to the adjournment of the court proceedings, the Speaker Assembly did not decide on the disqualification. But Salve argued that if we have not left the party then how can we be disqualified. The court said that political parties cannot be completely ignored. Kapil Sibal said that there is no need to refer the matter to the constitution bench and the court said that we will consider it.

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