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The Supreme Court on Wednesday commenced hearing on the plea of Uddhav Thackeray faction of the Shiv Sena challenging disqualification proceedings initiated against them under the constitutional scheme.
Senior advocate Kapil Sibal, appearing for the Uddhav faction, told a bench headed by Chief Justice N V Ramana that Maharashtra Governor Bhagat Singh Koshyari should not have sworn-in the new government when the apex court was seized of the matter.
“Speaker recognising a whip other than the official whip nominated by the party is malafide,” Sibal told the bench also comprising Justices Krishna Murari and Hima Kohli.
The CJI-led bench on July 11 had granted interim relief to the Uddhav Thackeray faction MLAs by asking Maharashtra Assembly Speaker Rahul Narwekar not to proceed with the plea seeking their disqualification as sought by the Shinde group on the grounds of defying the party whip during the trust vote and the election of the speaker.
Read what happened in Supreme Court
SG : I am greatly impressed by Dr.Singhvi’s submission that it is a constitutional sin to defect. In Rajender Singh Rana case, court examined 10th schedule. It was held that when a candidate gets elected, he gets elected for a party or an ideology.
SG : I am greatly impressed by Dr.Singhvi’s submission that it is a constitutional sin to defect. In Rajender Singh Rana case, court examined 10th schedule. It was held that when a candidate gets elected, he gets elected for a party or an ideology.
SG : What did you do? You fought Mr C for twenty years and you form an alliance with them, and one group feels they can’t face the electorate.
Mahesh Jethmalani (for Uddhav camp) : The question of a potential disqualification is not to be looked at by the Governor.
CjI : I have not passed an order for referring to larger bench, I am thinking aloud.
Singhvi : It will save time.
CJI : I am not immediately constituting the bench. Pleaase give the preliminary issues.
CJI: What happens after deletion of para 3 Sibal: now there is no recognition of a political party.. Even under para 3 which now stands repealed.. 1/3rd members could orchestrate a split.
Sibal: act of Shiv Sena by voting contrary to the official whip stands in violation of the tenth schedule. Governor could not have sworn in an individual who had sought to separate himself from the party elected by people and thus disqualified under 10th schedule.
Slave in a democracy people may gang of and tell the prime minister that sorry you cannot continue and the PM cannot continue
Slave the provision that if you move from the party will remove was stopped from the 10 schedule if there is disaffection within a party and if the leader of the party tell the speaker that you should not be person then so what ? it can happen.
Sibal: it has to be seen under what provision are they protected under 10th schedule. what happens to the verdict of the people. the 10th schedule is being used to instigate defection and thus the schedule has been turned into topsy turvy.
Sibal – please call for official record from the assembly and decide the matter.
Senior advocate Harish salve a pair for Eknath Shinde I ever for the call stringers!
Sibal: This is unheard of. its a mockery of the entire democratic structure and democratic governance and that is how elected governments be toppled
Sibal: the court cannot stay disqualification proceedings under the 10th schedule and this has been held in Kihoto Hollohan.
After hearing the counsels it has been agreed that some issues may if necessary be referred to a larger bench also.
Keeping in mind the same, to enable the parties to frame the issues, let them file the same preferably by next Wednesday.
We request both side to prepare a compilation from each… List on August 1st.
