The Supreme Court on Tuesday asked the Election Commission of India not to hear the Thackeray-Shinde split in the Shiv Sena for the next two days. The court headed by CJI NV Ramana referred the complex legal case to the 5-judge Constitution Bench, which is scheduled to begin hearing the legal issues on Thursday, August 25.
“These cases raise important questions regarding the 10th schedule, powers of the speaker and representative speaker, etc.” CJI Justice NV Ramana, Justice Krishna Murari, and Justice Hima Kohli said in their order referring to the Constitution Bench issue. Following the order, senior advocate Kapil Sibal, appearing for the Uddhav Thackeray faction, also sought a stay of proceedings before the Election Commission of India. The ECI is scheduled to hear the conflicting claims of the Shinde faction and the Uddhav faction regarding the election symbol and leadership of the Shiv Sena. “It is a fact that the issue must be decided by the EOI.
To what extent we can consider it, the Constitutional Court will see when it hears the case. the Supreme Court’s panel. ibal argued that “if the proceedings continue, it will not turn out well” because the issue is the disqualification of Eknath Shinde and his supporting MLAs. If Eknath Shinde is disqualified, he cannot petition ECI. The court asked the Constitution the following legal questions for assessment:
-If the notice of removal of the speaker prevents him from proceeding for disqualification under Schedule X of the Constitution of India
-If the petition under Article 226 and Article 32 falsely called for a decision on disqualification proceedings in the High Courts or the Supreme Court, as the case may be.
-Can the court decide that a member is disqualified because of his actions without the decision of the speaker?
-What is the state of affairs in the House of Representatives regarding the continuation of disqualification interviews against members?
-If the Speaker’s decision to disqualify a member under the Tenth Schedule relates to the date of the complaint, what is the status of the proceedings that were ongoing at the time the motion for disqualification was heard?
-What is the effect of deleting paragraph 3 of the Tenth Schedule? (which precludes party “split” as a defence to disqualification proceedings
-What is the extent of the speaker’s power to determine the whip and the leader of the house of the legislative party?
-What is the interaction concerning the provisions of the Tenth Plan?
-Are internal party issues suitable for judicial review? What is the extent of the same?
-Governor’s power to invite anyone to form a government and if the same is subject to judicial review,
What is the extent of the powers of the Election Commission of India concerning preventing ex parte splits within the party?
Anil Desai, leader of Thackeray’s faction, said the decision on the constitution will not only affect politics in Maharashtra but will also set a precedent for the entire country.
