August 13, 2022
Maharashtra Politics: Whose Shiv Sena?: Interesting arguments of lawyers of Shinde-Uddhav side in ‘Battle for Haq’, know what happened in Supreme Court

Maharashtra Politics: The ‘fight for rights’ on Shiv Sena, which holds an important place in Maharashtra politics, is at the door of the Supreme Court. The tug of war continues in Shiv Sena after Eknath Shinde and Uddhav Thackeray parted ways. However, it will be decided in a legal manner. The hearing in the same case was completed on Wednesday (August 03) in the Supreme Court. The matter will be heard once again in the Supreme Court on Thursday on the ‘Shiv Sena dispute’.

The Supreme Court has asked Harish Salve, the lawyer for Eknath Shinde’s side, to prepare a draft of your arguments once again. He should be produced before the court tomorrow morning. However, today the issue was heatedly debated by lawyers on both sides.

Hearing in SC on matters related to Maharashtra

Let us tell you that the Supreme Court is hearing all the matters related to the formation of CM Eknath Shinde government in Maharashtra. In the same sequence, hearing was also held on Wednesday. Chief Justice of the Supreme Court NV Ramana asked, ‘Have all the parties submitted a compilation of legal questions related to the case.’ In response, Solicitor General Tushar Mehta, appearing for the Governor, said, ‘I am just depositing it now.’

Sibal- Create a new party or merge one

When the hearing of the case proceeded, Kapil Sibal, the lawyer of the Uddhav Thackeray camp, presented his argument. “If two-thirds of the MLAs want to separate, they will have to merge with someone,” he said. Otherwise he may even form a new party. But, they cannot say that they are the original party.

CJI asked this to Sibal

On Kapil Sibal’s argument, the Chief Justice told him, ‘You are saying that they (Shinde faction) should have merged with BJP, or should have formed a separate party. On this Kapil Sibal said that, by law, the Eknath Shinde faction should have done this.

Referring to Para-2 of the Schedule

Kapil Sibal further said in the court that, ‘The definition of ‘original political party’ has been referred to in the 10th Schedule. He pointed out that the ‘original political party’ is in relation to a member of one House. Sibal pointed out that, Para-2 of the Schedule states, ‘An elected member of a House shall be deemed to belong to that political party. If any, by which he was set up as a candidate for election as such member.’

‘That’s why they can’t claim the original party’

Kapil Sibal, counsel for the Uddhav Thackeray faction, said that, ‘The party is not just a group of MLAs. These people were also called to the party meeting, but they did not come. Shinde Gut wrote a letter to the Deputy Speaker. In fact, these people have left the party. So they cannot claim to be the original party. Even today the president of Shiv Sena is Uddhav Thackeray.

Singhvi – Trying to cover up the mistake

Uddhav camp’s second lawyer Abhishek Manu Singhvi said, ‘These people (Shinde faction) should have been merged with some party, but it did not happen. They know they are not the real party. Singhvi further says that he is trying to get recognition from the Election Commission (EC) to cover up his mistake.

Salve’s question – how without support..?

On the other hand, Eknath Shinde faction’s lawyer Harish Salve said, ‘How can a leader who does not have the support of the majority, continue? “Many changes have taken place within the Shiv Sena itself. Salve said, “What Kapil Sibal has said is not relevant. Who disqualified these MLAs? When there is internal division in the party (Shiv Sena), how can it be a disqualification for not attending the meeting of the other camp?

Salve gave a funny answer

To this the Chief Justice said, “In this way the party will have no meaning. Then anyone will do anything after getting elected as MLA. In response to this, Harish Salve said, ‘We have an illusion that a leader is considered as the whole party. We are still in the party. We have not left the party. That’s all, we have raised our voice against the leader.

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