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“We are not giving any order to the Election Commission for suspension. But the commission should not take any decision about Shiv Sena’s symbol. As the matter is pending in the Supreme Court, the Supreme Court gave an oral order that the Election Commission may be given sufficient adjournment to submit its reply to the Uddhav Thackeray group. The Election Commission has given time till August 8 to the Thackeray group to submit documents to verify Shiv Sena’s identity. Supreme Court Chief Justice N. on various petitions filed by Eknath Shinde and Uddhav Thackeray groups. V. Judge under the chairmanship of Ramana. Krishna Murari and Justice The hearing was held for the second consecutive day on Thursday before the three-member bench headed by Hima Kohli. The judge said that the decision to hand over this case to the five-judge constitution bench will be taken by Monday. Ramana mentioned.
As directed by Chief Justice Ramana on Wednesday, Shinde group’s lawyer Harish Salve submitted an amended affidavit on Thursday. No MLA from the Shinde group has left the Shiv Sena. Who will decide whether MLAs leave the party or not? Does the Assembly Speaker have the right to disqualify MLAs for anti-party activities as per Tenth Schedule? Salve raised the question, “Should the concerned MLAs stop participating in the proceedings of the House if the Assembly Speaker delays taking a decision?” If the status quo is reversed, all the decisions in the House so far will become invalid. Salve argued that the anti-defection law cannot be applied to MLAs by expressing displeasure within the party. If you agree with Salve’s opinion, the whip means that the party will have no meaning. Ramana pointed out. It will be dangerous for democracy to refuse to accept the party mandate stating that ‘the original political party cannot be ignored in any way’, he observed. Ramana noted.
Tenth Schedule Not applicable : Election Commission
‘The process of disqualification of MLAs under the Tenth Schedule of the Constitution falls under a separate jurisdiction. The Tenth Schedule does not apply to the Commission as the affairs of the Legislature are unrelated to the membership of a political party. If the MLA is disqualified, his membership of the Legislature will be cancelled. However, he will remain a member of a political party. The Election Commission functions under the Representation of the People Act and the Election Symbols Ordinance. Therefore, the powers of the Election Commission to decide on the claims made by the rival groups for the official recognition of the political party are not affected,’ argued Arvind Datar, Advocate of the Election Commission. Sibal objected to it. The Shinde group has claimed to the Commission that we are the Shiv Sena as we got the support of 40 out of 55 MLAs. But the rebel MLAs from the Shinde group have already been disqualified for their own conduct. If all these 40 MLAs are disqualified, what will be the basis of their claim before the Election Commission’, asked Sibal.
The argument of the Shinde group
If the status quo is reversed, all the decisions of the House so far will become invalid. Defection Act cannot be applied to MLAs for expressing displeasure within the party…
The argument of the Thackeray group
The rebel MLAs from the Shinde group have already been disqualified for their own conduct. If all these 40 MLAs are disqualified, what is the basis of their claim before the Election Commission…
Observation of the Chief Justice
If the Shinde group agrees with the opinion, the whip means that the party will have no meaning. The parent political party cannot be neglected in any way…
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