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Shiv Sena Case Is Before SC’s 7-Judge Bench Today

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A seven-judge Bench of the Supreme Court will today hear the 2022 case of Shiv Sena leader Subhash Desai versus Principal Secretary of the then Maharashtra Governor on whether issuing a notice seeking the removal of the Speaker restrains him from adjudicating disqualification petitions under the Tenth Schedule of the Constitution.

Bench to also hear Nabam Rebia vs Deputy Speaker case

The Bench, led by Chief Justice of India (CJI) DY Chandrachud, will also reconsider its 2016 decision in the Nabam Rebia vs Deputy Speaker case, which will have a significant bearing on the political crisis that led to the ouster of then Chief Minister Uddhav Thackeray. The case pertains to the political crisis that began in June 2022, when current Chief Minister Eknath S. Shinde and a large number of MLAs from the Shiv Sena rebelled against then Chief Minister Uddhav Thackeray in the Maharashtra Vidhan Sabha, leading to the collapse of the Maha Vikas Aghadi (MVA) government, comprising the Shiv Sena, the Nationalist Congress Party and the Indian National Congress.

Subhash Desai, the then general secretary of the Thackeray-led Shiv Sena, filed a petition challenging the governor’s invitation to Shinde to form the government.

On August 23, 2022, a three-judge bench of the Supreme Court comprising then CJI NV Ramana and Justices Krishna Murari and Hima Kohli observed that the matter raised important constitutional questions on the interpretation of the Tenth Schedule of the Constitution (Anti-Defection law) and referred it to a five-judge bench.

10 questions on power of speaker

The bench formulated ten questions in the reference order pertaining to the power of the Speaker or the Deputy Speaker to initiate disqualification proceedings while proceedings on their removal are pending. It also referred to the five-judge Constitution Bench ruling in the Nabam Rebia vs Deputy Speaker (2016) case, wherein it was held that the Speaker of a House cannot decide a disqualification petition filed under the antidefection law while a notice under Article 179(c) for his removal is pending.

However, on May 11, 2023, a five judge bench comprising CJI Chandrachud and Justices Hima Kohli, MR Shah, Krishna Murari, and PS Narasimha unanimously decided to refer the Nabam Rebia ruling to a seven-judge bench. The bench, which held that a substantial question of law remains to be settled, also took into account the conflict between the Nabam Rebia judgment and another five judge bench ruling in Kihoto Hollohan v. Zachillhu & Ors (1992) with regard to the scope of judicial interference in disqualification proceedings against a Speaker at an interlocutory stage.

Entertainment

Bigg Boss fame Ajaz Khan polls fewer votes than even NOTA in Versova

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Ajaz Khan, the Bigg Boss fame actor-turned-politician, suffered an embarrassing defeat in the Maharashtra Assembly elections, where he polled just 155 from the Versova constituency. Remarkably, even the NOTA (None of the Above) option has outperformed him, securing 1,298 votes.

Fielded by Chandrashekhar Azad’s Azad Samaj Party (Kanshi Ram), Ajaz Khan failed to translate his social media popularity – a staggering 5.6 million Instagram followers – into votes.

His political debut at the state level appears to have fallen flat, much like his earlier foray into the Lok Sabha elections. Khan had contested from the Mumbai North Central seat during the general elections but failed to make an impact there as well.

The Versova constituency, meanwhile, witnessed a fierce contest between Haroon Khan of the Shiv Sena (UBT) and Bharati Lavekar of the BJP. Haroon Khan, however, won the seat with a margin of over 1,600 votes.

While Ajaz Khan has struggled to breach even the 150-vote mark, the Mahayuti alliance is surging towards a dominant victory across the state, projected to win over 221 seats. In contrast, the Maha Vikas Aghadi (MVA), comprising Congress, Shiv Sena (UBT), and Sharad Pawar’s NCP faction, appears headed for a humiliating defeat.

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Maharashtra

‘This Is Landslide Victory. I Thank My Ladli Behnas And Kisans…’: CM Shinde On Mahayuti’s Massive Win In Maharashtra 

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In a statement to the media, Shinde said, “I thank the voters of Maharashtra. This is a landslide victory. I had said before that Mahayuti will get a thumping victory. I thank all sections of the society. I thank my ladali behnas and kisans. I also thank all the workers of the Mahayuti parties. “

Meanwhile, the Bharatiya Janata Party is likely to hold the Maharashtra Legislative Party meeting on November 25 and the oath-taking ceremony on 26,

A larger meeting of the Yuti alliance is also likely to be held around the same time. 

This comes after the BJP-led Mahayuti alliance in Maharashtra crossed the crucial majority mark, as per the Election Commission data around 11 am. It is securing a lead in 220 seats and is likely heading towards a landslide victory. Celebrations have already begun at the BJP’s Mumbai office.

Shiv Sena MP Shrikant Shinde said, “As we had expected, we have got very good numbers. I thank all the voters who stood behind Mahayuti and gave this landslide victory…”

Shiv Sena leader Naresh Mhaske said, “Maharashtra of government has expressed its faith in Mahayuti. The public is seeing what is happening to Uddhav Thackeray’s Shiv Sena today. The people have stated that Eknath Shinde is the one who is capable of leading Balasaheb Thackeray’s Shiv Sena…By way of their votes, the public has slapped a slipper on the face of Sanjay Raut. I am a Shiv Sena worker and I think that Eknath Shinde should be the chief minister…”

Early trends as per ECI

As per the initial results, the Mahayuti alliance is leading in 220 seats, with the Bharatiya Janata Party (BJP) leading in 128 seats, driving the charge in Maharashtra. The Eknath Shinde-led Shiv Sena (SHS) follows closely with 55 seats. The Nationalist Congress Party (NCP), led by Maharashtra Deputy CM Ajit Pawar, is leading in 35 seats, while the Rashtriya Yuva Swabhiman Party (RSHYVSWBHM) is leading in 2 seats.

Meanwhile, the Maha Vikas Aghadi (MVA) is trailing, with a lead in 51 seats. The Indian National Congress (INC), part of the MVA, is leading in 20 seats. The Shiv Sena (Uddhav Balasaheb Thackeray) leading in 16 seats, and the Nationalist Congress Party – Sharadchandra Pawar (NCP-SP) is leading in 13 seats. The Samajwadi Party (SP) too is in the lead at 2 seats.

In addition, the All India Majlis-E-Ittehadul Muslimeen (AIMIM), Jan Surajya Shakti (JSS), and Peasants And Workers Party of India (PWPI) are all leading in 2 seats each.

Other minor parties, including Swatantra Bharat Paksha (STBP), Indian Secular Largest Assembly of Maharashtra (DISECL), CPI(M), Bahujan Vikas Aaghadi (BVA), and Rajarshi Shahu Vikas Aghadi (RSVA) are leading in 1 seat each. Additionally, 5 independent candidates (IND) are leading in their respective constituencies.

As the Sena-BJP-NCP celebrate all eyes will now be on who will assume the post of CM of the state.

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Maharashtra

Maharashtra Election Results 2024: UBT’s Sanjay Raut Cries Conspiracy, Says ‘This Can’t Be Decision Of People Of State’

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Maharashtra Election Results 2024: UBT's Sanjay Raut Cries Conspiracy, Says 'This Can't Be Decision Of People Of State'

The early trends as of 10:30 AM indicate a landslide victory for the BJP-led Mahayuti government in the Maharashtra Assembly elections. Shiv Sena (UBT) leader and Rajya Sabha MP Sanjay Raut has responded to the early trends showing Maha Vikas Aghadi’s (MVA) massive defeat in Maharashtra.

Speaking to the media amid ongoing counting, Raut said, ‘This cannot be the decision of the people of Maharashtra. We know what the people of Maharashtra want.’

‘From what we are seeing, it seems that something is wrong. This was not the decision of the public. Everyone will understand what is wrong here. What did they (Mahayuti) do that they are getting more than 120 seats? How is it that MVA is not even getting 75 seats in Maharashtra?’ Raut said.

Rejecting the trends, Raut said that his party has faith in the people of Maharashtra. “They have done some ‘gadbad,’ they have stolen some of our seats…This cannot be the public’s decision. Even the public does not agree with these results. Once the results are out, we will talk more. In every election seat, money-counting machines were installed. Is it possible that Shinde gets 60 seats, Ajit Pawar gets 40 seats, and BJP gets 125 seats? The people of this state are not dishonest. We have faith in the people of Maharashtra,” he said.

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