Thread by @LiveLawIndia

#SupremeCourt to deliver its judgment today in the #ShivSena case relating to the rift between #EknathShinde and #UddhavThackeray factions.

The judgment can decide the fate of the present Eknath Shinde-led government in #Maharashtra.

Follow this thread for live-updates.

A Constitution Bench led by CJI DY Chandrachud will deliver the verdict. It is a unanimous decision by the bench. The judgment is authored by CJI.

The bench will assemble after 10.30 AM.

#SupremeCourt #SupremeCourtofIndia #ShivSena #Maharashtra

Shiv Sena Case : Brief Recap Of Arguments In #SupremeCourt

This report can be read for a summary of the arguments.

#ShivSena

livelaw.in/top-stories/su…

At 10.30 AM, there will be a full court reference to honour former CJI AM Ahmadi, who passed away recently. After that, the Constitution Bench will assemble to pronounce judgment in the Delhi Govt- LG dispute.

The judgment in the #ShivSena case will be delivered after that.

Full Court reference is over.

CJI says normal court procedure will commence at 11.30 AM.

So, Constitution Bench will assemble to pronounce the judgment at 11.30 AM. First judgment will be in the Delhi Govt vs LG case.

The judgment in the #ShivSena case will follow.

CJI Chandrachud starts reading out the judgment in #ShivSena case.

#MaharashtraPoliticalCrisis

Supreme Court holds that order dated June 27 did not rely on Nabam Rebia decision and only extended time to give reply to Dy Speaker's notices.

#ShivSena

#BREAKING Supreme Court refers "Nabam Rebia" decision to larger bench.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt

CJI says issues such as whether a notice to removal of Speaker will restrict the powers of Speaker to issue disqualification notices needs examination by larger bench.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt

CJI : Having referred to the matter to larger bench, Nabam Rebia did not strictly arise in this case and we decided the merits of this particular case.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt

CJI : Legislators directly elected by people have duty to hold executive accountable.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt

CJI : Article 212 cannot be interpreted to mean that all procedural infirmities of the house are beyond the pale of judicial review

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : To hold that it is the legislative party which appoints the whip will mean severance of the umbilical chord with the political party. It means group of MLAs can disconnect from the political party

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray

CJI : Whip appointed political party is crucial for tenth schedule.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : In Nov 2019, MLAs unanimously resolved to appoint #UddhavThackeray as the party leader and #EknathShinde as the group leader.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt

CJI : The Speaker was aware of the emergence of two factions in the legislative party on 3 July 2022 when he appointed a new whip.

CJI : The Speaker did not attempt to identify which of the two persons - Mr.Prabhu or Mr. Gogawale- was the whip authorised by the political party. Speaker must recognize only the whip appointed by the political party.

#BREAKING Supreme Court holds that the Speaker's decision to appoint Mr.Gogawale (backed by Shinde group) as the whip of the Shiv Sena party was illegal.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : ECI can decide under the symbols order despite the pendency of proceedings before Speaker.

"to hold that the ECI is barred from deciding symbols order will be like staying proceedings indefinitely.."

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt

CJI : No faction or a group can argue that they constitute the original party in defence of the disqualification proceedings. The defence of split is no longer available under the tenth schedule.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : The defence must be found within the tenth schedule as it currently stands.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : If the Speaker and the Govt circumvents the no-confidence motion, the Governor will be justified in calling for a floor test without the aid and advise of the council of ministers.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : The assembly was not in session when Mr.Fadnavis wrote to the Govt. The opposition parties did not issue any no-confidence motion. The Governor had no objective material to doubt the confidence of the Govt.
#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt

#BREAKING Supreme Court holds that the Governor had no objective material to doubt the confidence of the MVA govt and call for a floor test. The resolution relied on by the Govt did not indicate that MLAs wanted to withdraw support.

#ShivSena #MaharashtraPoliticalCrisis

CJI : Even if it is assumed that the MLAs wanted to exit the govt, they constituted only a faction.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : Floor test cannot be used to resolve internal party disputes.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : Neither the Constitution nor the law empower the Governor to enter the political arena and play a role either in inter-party or intra-party disputes.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : Nothing in any of the communications relied on by the Governor indicated that the dissatisfied MLAs wanted to withdraw support to the Government.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : Governor erred in relying on the resolution of a faction of MLAs of #ShivSena to conclude that Mr.Thackeray had lost support of the majority of MLAs.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : The security concerns expressed by MLAs have no bearing on the support of the Government. This was an extraneous consideration on which the Governor placed reliance on.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : Governor ought not to have relied on the letter...the letter did not indicate that Mr.Thackeray lost support.
#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : Mr.Fadnavis and the 7 MLAs could have moved for a no-confidence motion. Nothing prevented from doing that.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

#BREAKING CJI : Exercise of discretion by the Governor was not in accordance with the Constitution.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : Now on relief. Petitioners argued for restore status quo ante. However, Mr.Thackeray did not face the floor test.

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

CJI : Had Mr. Thackeray not resigned, this Court could have restored....

#ShivSena #MaharashtraPoliticalCrisis #SupremeCourt #UddhavThackeray #EknathShinde

#BREAKING Supreme Court holds that it cannot order the restoration of #UddhavThackeray government as he resigned without facing floor test, although the Governor's decision for floor test was wrong and Speaker was wrong in appointing whip of #EknathShinde group.

CJI : Status quo ante cannot be restored as Mr.Thackeray did not face the floor test and tendered his resignation. Hence the Governor was justified in administering oath to Mr.Shinde with the support of the largest party BJP.

#SupremeCourt #UddhavThackeray #EknathShinde

#BREAKING Supreme Court refuses to interfere with the formation of #EknathShinde government with the support of BJP, as #UddhavThackeray resigned without facing floor test.

#SupremeCourt