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SC to Hear Case on February 14

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SC to Hear Case on February 14

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Last Updated: January 10, 2023, 14:41 IST

Thackeray suffered a major setback after Eknath Shinde and other MLAs rebelled against him and ousted him as the Maharashtra CM. (File photos: PTI)

Thackeray suffered a significant setback after Eknath Shinde and different MLAs rebelled towards him and ousted him because the Maharashtra CM. (File images: PTI)

Senior advocate Kapil Sibal, representing the Thackeray faction, submitted earlier than a five-judge bench headed by Chief Justice D.Y. Chandrachud that the matter was pressing because the Election Commission was conducting proceedings on the problem of management over the occasion and the image

The Supreme Court on Tuesday scheduled the listening to of the matter arising out of the rebel by Eknath Shinde and different MLAs towards Shiv Sena chief Uddhav Thackeray in Maharashtra, on February 14.

Senior advocate Kapil Sibal, representing the Thackeray faction, submitted earlier than a five-judge bench headed by Chief Justice D.Y. Chandrachud that the matter was pressing because the Election Commission was conducting proceedings on the problem of management over the occasion and the image.

Sibal additional argued that the courtroom has to primarily resolve the problem whether or not the 2016 five-judge judgement of the Nabam Rabia case needs to be referred to the seven-judge bench. The judgment restricted the facility of the Speaker to resolve disqualification petitions if a decision looking for his elimination was pending.

The bench — additionally comprising Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha — fastened the matter for listening to on February 14. Senior advocate Neeraj Kishan Kaul together with advocate Abhikalp Pratap Singh appeared for Eknath Shinde’s group of the Shiv Sena. Solicitor General Tushar Mehta represented the Governor.

In August this yr, a three-judge bench of the apex courtroom had mentioned {that a} five-judge structure bench will hear a batch of petitions filed by Maharashtra Chief Minister Eknath Shinde and Uddhav Thackeray faction on queries associated to defection, merger, and disqualification.

A 3-judge bench of the apex courtroom, in its reference order, had framed first concern whether or not discover for elimination of a Speaker restricts him from persevering with with disqualification proceedings underneath Tenth Schedule of the Constitution, as held by this courtroom in Nebam Rabia (by a five-judge bench).

Thackeray suffered a significant setback after Eknath Shinde and different MLAs rebelled towards him and ousted him because the Maharashtra CM. They additionally laid claims to the Shiv Sena occasion and its image as properly.

The prime courtroom restrained the Speaker from continuing on disqualification petitions towards Shinde and different MLAs and subsequently allowed a contemporary vote of confidence within the Assembly, after which Thackeray resigned.

The apex courtroom on July 11 final yr requested the newly appointed Maharashtra Assembly Speaker not to go forward with proceedings on the disqualification petitions.

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(This story has not been edited by News18 workers and is revealed from a syndicated information company feed)

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