Thread by @LawBeatInd

#SupremeCourt will today hear plea by #Eknath_Shinde challenging #Shivsena’s move to disqualify him and 15 other MLAs.

#MaharashtraPoliticalCrisis #UddhavThackarey

The case is listed before the #SupremeCourt as items 34 & 35. Presently, the court is hearing Item 7.

#MaharashtraPolitcalCrisis #EknathShinde #UddhavThackarey

According to sources, @DrAMSinghvi is likely to appear for #Maharashtra .

#MaharashtraPolitcalCrisis #EknathShindhe #SupremeCourt

Court to hear the case shortly. #MaharashtraPolitcalCrisis #Eknath_Shinde #UddhavThackeray

Neeraj Kishan Kaul appearing for #Eknath_Shinde : Till the issue of removal of Deputy Speaker is decided, he will not proceed with the disqualification of members. Many political considerations will come into the matter. It will destroy spirit of the constitution.

Court: Why have you not approached #BombayHighCourt ?

Kaul for #Eknath_Shinde : Majority is who we represent. We have 39 MLAs today. Minority is subverting. A Party spokesperson says 40 bodies will arrive from Guwahati. #MaharashtraPolitcalCrisis

Kaul for #Eknath_Shinde : Atmosphere is not favourable to pursue a litigation before #BombayHighCourt . It is for the sake of convenience. The court has deal with such litigation under Article 32.

Court: We understand you are apprehensive of life and liberty.

Court: Also the lack of reasonable time to respond to the notice.

Kaul for #Eknath_Shinde : The speaker or Dy Speaker his disqualification is decided. If a Dy speaker whose very own existence is in doubt, removes people who are in favour disqualification are removed.

Kaul for #Eknath_Shinde : There are two important things. In 2019, Shinde was unanimously appointed as a party leader. In 2022, a minority holds suo motto meeting and issues notice to MLAs. The Dy Speaker should have refrained, he approves the appointment

Kaul for #Eknath_Shinde : On 22nd they ask us to attend a meeting in the evening. On 23rd, they move a disqualification petition before Speaker. On 25th the Dy Speaker sends me the notice giving me two days to respond.

#MaharashtraPolitcalCrisis

Court: Mr.Kaul, the question that the Dy Speaker cannot proceed against you, why can’t you raise it before Dy Speaker?

Kaul for #Eknath_Shinde : the #SupremeCourt says he cannot consider such issues at all.

Court is now deliberating.

#SupremeCourt #Eknath_Shinde #MaharashtraPolitcalCrisis

#SupremeCourt rises for two minutes.

#MaharashtraPolitcalCrisis #Eknath_Shinde

Court assembles. Asks Kaul to continue reading the judgment in support of his contention.

Kaul for #Eknath_Shinde reads the judgment

#SupremeCourt #MaharashtraPolitcalCrisis

Kaul for #Eknath_Shinde continues reading the judgment. #MaharashtraPoliticalTurmoil #SupremeCourt #UddhavThackeray

Kaul for #Eknath_Shinde : Kindly have Article 179 of the Constitution please read Rule 11 of #Maharashtra legislative assembly . So once a notice for removal of speaker is given, 14 days time is to be given. This has not been done. What is being done now is with undue haste

Kaul for #Eknath_Shinde : Speaker has no authority to deal with matters like this till his removal is decided. Notice is the starting point of the dy speaker's removal. He is seized of it. Given this situation, he cannot get into the issue of disqualification of MLAs

Kaul for #Eknath_Shinde : How can the Dy speaker initiate proceedings and go ahead with disqualification of MLAs.

Court: Lets have the other side argue.

Dr. AM Singhvi for the chief whip and leader of the house.

#MaharashtraPoliticalTurmoil #UddhavThackeray

SG objects and says Dy Speaker arguments must be heard first.

Singhvi : How can you decide who is to argue first?

Court: We will first Dr.Dhavan first, he appears for the Dy Speaker.

Singhvi: Let me respond first.

Singhvi: The first point that the court is cleverly and delightfully unanswered. The question was why they have not approached #BombayHighCourt . This was a threshold. Is HC not capable of answering this question? Just because something coming in the press, one cannot leapfrog.

Singhvi for #Shivsena : There is no reason why the High Court cannot hear. Not one single case has the court acted with the Dy Speaker is seized of the matter.

#MaharashtraPoliticalTurmoil #Eknath_Shinde #UddhavThackeray

Court: Was there a case where the speaker’s continuation was in question? #Eknath_Shinde #MaharashtraPoliticalTurmoil

Singhvi: A judgment holds that a direction by the court cannot be given.

Court: The Principle issue is, where a notice for removal of speaker has been issued, whether such speaker is competent to exercise his powers ? #MaharashtraPoliticalTurmoil #Eknath_Shinde

Singhvi: A judgment of this court says, all internal decisions of the speaker are barred from scrutiny. It cannot be called into question.

Singhvi reads the judgment.

#SupremeCourt #MaharashtraPoliticalTurmoil #Eknath_Shinde

Court: Are we really dealing with the proceedings of the assembly?

Singhvi: Yes milord! The notices have been called into question.

#MaharashtraPoliticalTurmoil #Eknath_Shinde

Owing to some disturbance in Senior Counsel Dr. Abhishek Manu Singhvi’s internet connection. Devadatt Kamat, Sr. Adv, continues reading the judgment.

#SupremeCourt #MaharashtraPoliticalTurmoil

Singhvi: Exceptions can be made only when interim order is passed by the speaker which has the effect of final order.

Court: In the case you are reading. The authority of the speaker is not in challenge.

#SupremeCourt #MaharashtraPoliticalTurmoil

Singhvi: In this case, vide press reports, these MLAs sent this notice from an unknown, unverified email send an email saying they have no confidence. The validity of the notice is under doubt.

Court: Can a speaker himself decide on the validity of the notice? #Eknath_Shinde

Court: We have a constitution bench judgment before us saying something very similar to the facts of the case.

Singhvi: The notice has been sent through invalid means, the Dy Speaker has not taken it on record. It was not given in person.

#MaharashtraPoliticalTurmoil

Court: If this is the stand, we will have to call upon the affidavit of the authority to verify. Secondly, he must have rejected it.

Singhvi: He has rejected the notice.

Court: Can the Dy speaker become a judge in his own court? #MaharashtraPoliticalTurmoil #Eknath_Shinde

Singhvi: On 20th these MLAs went to Surat, on 21st they send an unverified email. The notice has to become only after 14 days. It has not become life in this case.

Kaul for #Eknath_Shinde : We have sent the notice in person.

#MaharashtraPoliticalTurmoil

Dhavan for Speaker: There was a notice. We have sent a reply to it questioning its authenticity.

Court: We will issue notice, let the Dy Speaker file a reply.

#SupremeCourt #MaharashtraPoliticalTurmoil

Singhvi continue making his submissions.

Court deliberating.

#MaharashtraPoliticalTurmoil #SupremeCourt #Eknath_Shinde

#SupremeCourt asks Singhvi to read the notice sent to move the motion for his removal.

Singhvi: 14 days has not elapsed.

Court : It is the time limit for the Dy Speaker to put it before the house. A notice has been actually served.

#MaharashtraPoliticalTurmoil

Dhavan: The Dy Speaker has said that he has to be satisfied on the genuineness or authenticity of the notice.

Court: What will be mode of the genuiness?

Dhavan: All the procedures has to be followed. It was not sent from authentic email.

#MaharashtraPoliticalTurmoil

Court: Did the Dy Speaker try to ask the signatories?

Dhavan: He might have to.

Court: Somebody will have say this oath.

Dhavan: We will file an affidavit placing this on record.

Dhavan: Just because signatures have been appended, it might not be a valid notice.

SG wants to make his submissions.

Court asks Dr. Dhavan to file a comprehensive affidavit.

#MaharashtraPoliticalTurmoil #SupremeCourt

Devadatt Kamat, Sr. Adv, appears for respondents and questions the maintainability of the plea.

#MaharashtraPoliticalTurmoil #SupremeCourt #Eknath_Shinde

Kamat: A party challenging the disqualification order is required to first approach the High Court.

Court: Right now, there is no disqualification order. #MaharashtraPoliticalTurmoil #SupremeCourt #Eknath_Shinde

Kamat: Notice of removal is on #Shivsena letter head. These people who claim to be Shiv Sena, address this communication by an unregistered email.

Court: All these facts have to be clarified by filing an affidavit.

#Maharashtra #MaharashtraPoliticalTurmoil

Kamat: The whole no confidence bogey is unsanctioned by the constitution. As far as the removal of speakers is concerned, removal is used because there has to be cause. Majority is not a ground to seek disqualification.

#SupremeCourt #MaharashtraPoliticalTurmoil

Court: If on the basis of the charge only Speaker or Dy Speaker should be removed. The person who is seeking disqualification will be condemned! He will be removed. It will have far reaching consequences.

#MaharashtraPoliticalTurmoil #SupremeCourt

Court: Sometimes, haste also unnecessarily give undesirable consequences.

Dhavan: Let them come milord. Its just a hearing.

Court: How soon can the reply be filed?

ORDER : Issue notice. Dr. Rajiv Dhawan accepts notice of Dy Speaker. The service is waived off. Counter affidavit to be filed in 5 days. Rejoinder in 3 days thereafter. List for further consideration on 11th July.

#MaharashtraPolitcalCrisis

Counsels are deliberating on whether there should be an interim order pertaining to disqualification of MLAs.

Devadatt Kamat, Sr. Adv, is making submissions, objecting to such an order.

#MaharashtraPolitcalCrisis #SupremeCourt #Eknath_Shinde

Kamat: Till a final order is passed. There is no question of such an order being passed.

Singhvi: Dr.Dhawan is making a statement. There is no reason to record it milord.

Court : He is saying, he cannot make a statement without instruction

#SupremeCourt #Eknath_Shinde

Court: We are only trying to balance the competing claims and ensure status quo continues. All the issues you raise will be determined by us.

ORDER: LIST THE MATTER ON JULY 11, 2022. MEANWHILE THE TIME GRANTED BY DY SPEAKER TO SUBMIT THEIR WRITTEN SUBMISSIONS TODAY BE EXTENDED TILL JULY 11, 2022. The petitioners are other MLAS shall be at liberty to submit their replies without prejudice to their rights.

Dhawan: At least the proceedings before the speaker be proceeded with milords.

Kaul for #EkanathShinde : In the meantime, these proceedings should be in abeyance.

Kaul for #EkanathShinde : There are serious threats to our property and persons. At least the protection be provided.

Order: Counsel for Maharashtra states that steps have been taken maintain law and order and to protect the life and property of all 39 MLAs and their family members.

Kamat requests the court to pass an order not to have a floor test in the assembly. #MaharashtraPolitcalCrisis #SupremeCourt

Court: Come back if you have any apprehension.

Kamat asks the court to record his submission.

Court: Let us not create any confusion. #SupremeCourt #MaharashtraPolitcalCrisis

Hearing ends. #MaharashtraPolitcalCrisis

BREAKING: #SupremeCourt extends till July 11, 2022 the time granted to #EknathShinde and other MLAs to file a response to Deputy Speaker’s disqualification notice. Court to hear the matter on July 11, 2022.

#MaharashtraPolitcalCrisis

Correction: July 12, 2022.