Thread by @LawBeatInd

A #SupremeCourt bench headed by the Chief Justice of India, will today hear a batch of petitions pertaining to #MaharashtraPoliticalCrisis

#EknathSinde #UddhavThackarey

Kapil Sibal, Sr. Adv: If this principle was to be accepted, every elected government can be toppled. The only protection is merger. There can be no split in law.

Sibal reads from a note.

#MaharashtraPoliticalCrisis

Sibal: The governor could not have sworn who has chosen voluntarily to separate himself from a recognised. This court Said it will hear the matter, however the governor swore #EknathSinde as CM.

#MaharashtraPoliticalCrisis

Sibal: On our disqualification petitions, the speaker does not issue notice. In our’s notice has still not been issued. The court should call for the records of the assembly and in the meantime nothing should be done. The disqualification should be decided!

Sibal: What happens to the will of the people if governments are toppled like this. When we came to court, it stayed the proceedings before the Deputy Speaker, next day a floor test was called!

#MaharashtraPoliticalCrisis

Sibal: This is a mockery of the democratic structure. In which democratic society can people be bought over and an elected government can be toppled? Every day’s delay will play havoc with the institutions.

#MaharashtraPoliticalCrisis

Dr. AM Singhvi: The court has to decide a fundamental point. There are 10 judgments which say it is a constitutional sin. The departing faction of #ShivSena , one day before departing to Guwahati send a letter to DY speaker. It was sent from an unauthorised email

Singhvi: The speaker says he cannot take on record. Should the Dy speaker take on record anything that is sent to him? This was done because they want to misuse a sentence that is totally inapplicable. They cannot create a non-genuine situation.

Singhvi: They say “I am merrily defecting by the Dy Speaker cannot decide because he is disabled from doing so”. They then go ahead with the floor test, if 4 people are disqualified here, a disqualified person cant vote. How can floor test happen ?

#MaharashtraPoliticalCrisis

Singhvi: Entire majority is a contrived majority!

Singhvi: It is common ground that #Eknath_Shinde has not merged with any party. They cannot be disqualified only if they merge with another political party and yet they are not disqualified, vote in a floor test and form a government

#MaharashtraPoliticalCrisis

Singhvi: This is a very important moral, legal and constitutional aspect. The speaker has not even issued notice on our disqualification plea. When they filed a plea for disqualification he issues notice. The court has the power to decide this.

#MaharashtraPoliticalCrisis

Singhvi: The court should uphold the purity of the process, otherwise it will be a mockery of the 10th schedule. The court should called for a record

Harish Salve, Sr. Adv, appears for #EknathSinde .

Salve: if there is disaffection between the party and if the party feels someone else should be their leader. The moment you challenged the authority by staying in the party, it is not defection.

#MaharashtraPoliticalCrisis

Salve: The number of people who did not want the then CM to continue because so large that he resigned. The court has always never interfered in working of political parties. There is a very narrow area in which court can intervene in party’s working

Salve: Anti defection law is not self operating. There has to be a petition and an order.

CJI: We will hear you, initially I had some doubts. This is just a thought process. After removal of para 3 from 10th schedule, concept of split is not recognised, what are the consequenc

Salve: Could the court turn to para 2, “a person belonging to any political party shall be disqualified from being the member of the house, if he has voluntarily gives up membership or if he votes contrary to the whip” These are the 2 primary basis.

#MaharashtraPoliticalCrisis

Salve: If a person elected from Party A, goes to the governor and says he is voting for a member of Party B. You may say he is disqualified. If a member says, this CM is not enjoying the support, he is not disqualified. Ultimately a member from #ShivSena is now in office.

Salve: Where is the defection here? Are we in such a hopeless situation, who cannot find support from 15 MLAs in his party is brought back by the court?

#UddhavThackeray #MaharashtraPoliticalCrisis

Salve: I have a right in a party democracy to raise my vote of protest. However, if I go and vote against the CM, I may be disqualified. RAISING YOUR VOICE WITHIN A PARTY, IS NOT AN ACT OF DISQUALIFICATION.

#MaharashtraPolitcalCrisis

Salve: They are asking the court to become a 10th schedule tribunal. The court has not undertaken disqualification of MLAs in the past. They have filed a WP before the court.

#MaharashtraPolitcalCrisis

Salve: A lot of the proportions if put in the pleadings of the WP, they do not square.

CJI: We do not have all the bundles, they have given a note.

Salve: The ground given is , that the speaker was unconstitutionally elected and his notice should be quashed.

Salve: The court will have to see. The court can have it in a day or two, I will ensure paper books reach the court. None of these larger issues have been covered.

#MaharashtraPolitcalCrisis

CJI: The problem is, first of all some of the issues are important constitutional issues. We have to settle it.

Salve: I am saying that these issues may not arise. Many of them are assumptions.

#MaharashtraPolitcalCrisis

Salve asks for time to file replies in the petitions so that the court will have a better idea.

Court is deliberating.

Sibal objects to it.

Singhvi: The court may direct each side to file a compilation and written submissions and the case can be had next week.

CJI: Some of the issues particularly require a hearing. If you can cull out legal issues, it will be useful.

Court is deliberating.

#MaharashtraPolitcalCrisis

CJI: Alright, you prepare a compilation. You can file a common affidavit for all the WP. Let it refer to whatever you want to deny etc. When can we do it?

Sibal: Next Tuesday ?

Salve: I cannot put in by then. The court can have it on August 1st.

CJI: Some of the issues may require a consideration to larger bench. I think reference to larger bench is necessary. Can we have a larger bench?

Lawyers agree.

#MaharashtraPolitcalCrisis

SG making his submissions on defection.

Jethmalani: Mr. Salve has foreshadowed the argument that much of Mr.Sibal’s argument is no longer maintainable. Significant events have happened after That.

Jethmalani: My only submissions is before it is referred to a larger bench, the court may hear us on maintainability.

CJI: I am only thinking aloud, I have not passed an order to constitute a larger bench. Please give a compilation of issues that needs to be argued. I will see it and against discuss and decide accordingly.

Sibal: The leadership of the party cannot be decided in the house. 40 members of the legislature cannot say they are the party. If anyone has to become a CM, they have to become party president. My contention is he cannot say I am the leader of the party because of assembly major

Sibal: You can’t say I will defect, I will move away and I will remove the recognised leader.

CJI: We both appeared in a case, the procedure of removing a legislature party is within the domain of the legislature party in the house. Majority have a say in the electing them

Sibal: What they say is we are sitting somewhere else, you are not the leader anymore and I am the leader.

Singhvi: That is why a whip was issued for a common meeting. They did not turn up.

Sibal: Look at para 2 of the 10th schedule milords.

Sibal: Legislature party has a role to play in the legislature. For the purpose of defection, political party matters. Small legislature can easily come and go.

ORDER:
After hearing the counsel, it is agreed that some of the issues raised requires consideration if necessary by a larger bench. Both sides to frame issues that they are going to argue. Both sides to give the issue by Wednesday.

ORDER: It is stated by Mr.Sibal as to what the lead matter is. The respondents to file a counter affidavit dealing with the factual allegations in a common affidavit. We request both the sides to prepare one compilation.

Order: It is deemed that service of notice in all writ petitions are effected. List on August 1, 2022.

CJI: Keep the records in safe custody.

Note: The date is subject to change as lawyers ask for an NMD.

Sibal: Let the status quo be maintained, nothing should be done till the next day of hearing.

SG: We are not proceeding against anybody

Hearing concludes.

Supreme Court To Hear Petitions Pertaining To Maharashtra Political Crisis On August 1, 2022
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