Maharashtra
Maharashtra political crisis: SC reserves Shiv Sena case to decide on referring to larger 7-Judge Bench
New Delhi: A 5-judge Constitution Bench, headed by Chief Justice D Y Chandrachud, on Thursday reserved its verdict on the Maharashtra political crisis triggered by split in the Shiv Sena in June last year on whether to refer it to a larger 7-judge Bench in the context of 2016 Nagam Rebia verdict on powers of Assembly speaker to handle disqualification pleas.
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for former CM Uddhav Thackeray, wanted a larger Bench to decide since the Rebia verdict was also by a 5-judge Bench.
The Bench sat beyond the break up to 1.45 pm to hear submissions from the senior lawyers appearing from Chief Minister Eknath Shinde and ex-CM Thackeray.
Heard counel from parties. Arguments addressed on the question of Nabam Rebia being referred to a larger bench. Orders reserved,” the CJI said on behalf of the Bench comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.
Nabam Rebia case of Arunachal Pradesh
In 2016, a five-judge constitution bench, while deciding the Nabam Rebia case of Arunachal Pradesh, had held that the assembly speaker cannot proceed with a plea for disqualification of MLAs if a prior notice seeking removal of the speaker is pending decision in the House.
The judgement had come to the rescue of the rebel MLAs led by Eknath Shinde, now the chief minister of Maharashtra. The Thackeray faction had sought their disqualification noting that a prior notice seeking removal of the Deputy Speaker was pending in the House.
In the instant case, the Shinde group had sought removal of deputy speaker Narhari Zirwar, having an allegiance to Thackeray group, ahd asserted that he cannot disqualify anybody when a notice for his removal is pending.
‘Manipulation in legislature’
Sibal pleaded with the court not to allow toppling of the elected governments the way Shinde group did as it is a fundamental principle of democracy. He said what was done in Maharashtra was manipulation in the legislature, stressing that “it will happen and it has already happened.”
He said even if a thumping majority of say 40 out of 50 revolt, they can be disqualified by the Speaker or the Deputy Speaker under the 10th Schedule of the Constitution. Only the merger of the defectors with another party can save them from disqualification.
He and Singhvi ridiculed the Shinde group quoting the Nabam Rebia ruling in their notice against then deputy speaker of the Maharashtra Assembly, but their senior lawyers Harish Salve, N K Kaul and Mahesh Jethmalani now oppose a larger bench to vet the Rebia ruling. Solicitor General Tushar Mehta, appearing for the Maharashtra governor, also opposed reference to a 7-judge bench as it will delay the finality.
How Shinde became Maharashtra CM
They argued that Thackeray was asked by the Governor to prove his majority on June 30, but he resigned a day earlier and that led to Shinde becoming the Chief Minister. Sibal said the Shinde group rushed a notice to then deputy speaker to paralyse him.
He ridiculed the lawyers of Shinde group claiming that the issue is only academic, but the fact is that it has elected a new Speaker who cannot be removed now by the Thackeray group.
Sibal also indirectly hinted how then Justice Arun Mishra heard the defection case of Rajasthan against the Congress government almost on daily basis while putting off the Goa case for two years since the Congress MLAs had merged into the BJP to help it form the government.
Maharashtra
Aaditya Thackeray Elected Shiv Sena UBT Legislature Party Leader, Sunil Prabhu Named Chief Whip
Mumbai, November 25: Former Maharashtra minister Aaditya Thackeray was on Monday elected the Shiv Sena (UBT) legislature party leader at a meeting of the party legislators in Mumbai.
Aaditya, son of party president Uddhav Thackeray, defeated Milind Deora of the Eknath Shinde-led Shiv Sena in the recent assembly elections from Worli constituency by 8,801 votes.
His winning margin dipped compared to the last elections in 2019, where it was 67,427 votes.
Senior party leader Ambadas Danve told reporters after the meeting of party legislators that former minister Bhaskar Jadhav was elected the party group leader in the state assembly, while Sunil Prabhu was named the party’s chief whip.
Maharashtra
The Election Commission Should Take Immediate Action Against IPS Officer Rashmi Shukla: Atul Londhe
Mumbai, November 25: IPS officer Rashmi Shukla violated the Model Code of Conduct by meeting Deputy Chief Minister Devendra Fadnavis while the code of conduct was still in force. The Election Commission must take this matter seriously and initiate immediate action against Rashmi Shukla, demanded Atul Londhe, Chief Spokesperson of the Maharashtra Pradesh Congress Committee.
Commenting on the issue, Atul Londhe said that in Telangana, the Election Commission had promptly acted against a Director General of Police and another senior official for meeting a senior minister during elections. “Why does the Election Commission act swiftly in non-BJP-ruled states but fail to notice such violations in BJP-ruled states?” he questioned.
Rashmi Shukla faces serious allegations, including phone tapping of opposition leaders. The Congress had earlier demanded her removal from the post of Director General of Police during the election period, and she was subsequently removed. However, despite the declaration of assembly results, Rashmi Shukla met the Home Minister before the Model Code of Conduct officially ended, violating its norms. Londhe insisted that immediate action should be taken against her.
Maharashtra
‘I Haven’t Resigned Yet,’ Says Maharashtra Congress Chief Nana Patole Amid Rumours Of Quitting Post After Poll Debacle
Maharashtra Congress president and newly elected MLA from the Sakoli Assembly seat, Nana Patole, denied media reports about his resignation from the post of party chief in the state.
Speaking to the media, Patole said, “I am going to meet Congress President Mallikarjun Kharge. I have not submitted my resignation.”
Earlier it was reported that after the crushing defeat of the Maha Vikas Aghadi (MVA) in the recent Maharashtra Assembly elections, Nana Patole offered to resign as Congress state president, taking moral responsibility for the loss. However, conflicting reports claim that Patole has not yet made a final decision, and there has been no confirmation from him or the party regarding his resignation.
The ruling Mahayuti coalition secured a resounding victory, winning 235 seats with 49.6% of the vote share, while the MVA lagged far behind with just 49 seats and 35.3% of the votes. The Congress, in particular, suffered a major setback, winning only 16 of the 103 seats it contested.
Patole, who contested from the Sakoli seat, narrowly retained his position with a margin of just 208 votes—the smallest margin of his political career. This is a sharp contrast to his 2019 Assembly election performance, where he won the same seat by nearly 8,000 votes. His narrow victory this year ranks among the closest contests in the state.
Patole reportedly sought to meet Congress President Mallikarjun Kharge and Rahul Gandhi on Monday to discuss his resignation but was unable to do so. The party high command has not yet acted on his reported resignation.
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