Thread by @barandbench

[Maharashtra Politics Case]

#SupremeCourt Constitution Bench to shortly deliver verdict in a batch of petitions concerning #MaharashtraPoliticalCrisis which culminated in Eknath Shinde taking over as Chief Minister from Uddhav Thackeray following a split in the Shiv Sena

Five-judge Constitution Bench of Chief Justice D Y Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli and P S Narasimha to deliver verdict at 11 am today #MaharashtraPolitics #SupremeCourtofIndia

Maharashtra Politics case: Read about 8-day long hearing before Supreme Court in the Eknath Shinde-Uddhav Thackeray battle

barandbench.com/news/litigatio…

Judgment to be pronounced post 11:30 am
First judgment to delivered will be Delhi vs LG (Services)
Second Judgment to be #MaharashtraPoliticalCrisis case
#SupremeCourtOfIndia

CJI DY Chandrachud: Although parties may have addressed the court on applicability of nabam rebia it cannot be accepted since the earlier order did not rely on nabam rebia

#SupremeCourtofIndia #MaharashtraPoliticalCrisis

CJI DY Chandrachud: we are of the view that decision in nabam rebia should be referred to a larger bench

#SupremeCourtofIndia #MaharashtraPoliticalCrisis

CJI DY Chandrachud: We direct the case to be referred to a larger bench since these issues were not decided in nabam rebia: whether temporary disablement of speaker can be misused by the speakers and whether a constitutional hiatus will be ensued due to temporary disablement of… twitter.com/i/web/status/1…

CJI DY Chandrachud: having referred the matter to a larger bench. So this is now referred. COming to merits of the case now

The house of people or legislative assemblies of states is elected by the people and coalition is formed if no single party forms the halfway mark… twitter.com/i/web/status/1…

CJI DY Chandrachud: legislative procedures serve objectives of having deliberations in house leading to better outcomes... these safeguard constitutional values. Article 212 cannot be interpreted to put all procedural irreugularities beyong judicial review.. to hold that… twitter.com/i/web/status/1…

CJI DY Chandrachud: the speaker on taking cognisance of the statement by Mr Shinde did not undertake to identify who was the whip and he should have undertaken an enquiry. and decision to appoint mr gogawale as chief whip was ILLEGAL since whip can be appointed only by the… twitter.com/i/web/status/1…

CJI DY Chandrachud: to hold that the ECI is barred from deciding symbols order will be like staying proceedings indefinitely before the ECI and time for spreaker to decide will be uncertain... ECI has superintendence and control over election process and cannot be stopped from… twitter.com/i/web/status/1…

CJI DY Chandrachud: we deal with sadik ali case and disqualification proceedings before speaker cannot be stayed with proceeding before the ECI. If disqualification is decided pending decision of ECI and decison of ECI will be retrospective and it will be contrary to law.… twitter.com/i/web/status/1…

CJI DY Chandrachud: when there are 2 whips appointed by 2 or more political parties and speaker has to ascertain the same... if the speaker or govt averts no confidence motion the governor will be justified to act without aid and advice. Now on governors role: among 34 mlas who… twitter.com/i/web/status/1…

CJI DY Chandrachud: even if it is assumed that MLAs wanted to leave the govt... it was only dissatisfaction portrayed... floor test cannot be used as a medium to solve a intra party difference or inter party differences. there is a difference within party not supporting govt and… twitter.com/i/web/status/1…

CJI DY Chandrachud: this cannot mean that they had withdrawn support from the floor of the house. Nothing shows members withdrew support and communication showed it disagreed with some policy decision of the Udhhav thackeray govt.. whether ther would be deliberation .. or will… twitter.com/i/web/status/1…

CJI DY Chandrachud: Lack of security is not a reason to conclude that a govt has fallen and it was nothing but an extraneous reason to be relied upon by the governor. the discretionary power of governor under article 163 is for explicit stated subjects in the constitution… twitter.com/i/web/status/1…

CJI: both Mr Fadnavis and others could have moved vote of no confidence... nothing stopped them. Governor did not have any objective material and exercise of discretion of governor in this case was not in accordance with law..this court cannot quash a resignation which was… twitter.com/i/web/status/1…

CJI: conclusions:
Nabam rebia is referred to larger bench,

MLA has right to participate in proceedings of the house, political party and not legislature party appoints the whip,

direction to vote in a particular manner is issued by political party and not legislature party,… twitter.com/i/web/status/1…

Corrigendum:

CJI: Governor was correct in calling Ekanth Shinde to form govt along with the BJP

#MaharashtraPolitics