‘You have political majority and not…’, Supreme Court tells Shinde faction

‘You have political majority and not…’, Supreme Court tells Shinde faction


Maharashtra Political Crisis: The Supreme Court on Tuesday (February 28) heard the petitions filed by the Thackeray faction and the Shinde faction regarding the issue related to the Maharashtra Political Crisis. Meanwhile, the Chief Minister of Maharashtra Eknath Shinde Expressing its authority over the Shiv Sena party, the Eknath Shinde faction said that a legislature party is organically linked to a political party.

Senior advocate NK Kaul, appearing for the Shinde faction, told a five-judge constitution bench that the opposition leaders have lost faith in the ministry. On this, Justice Narasimha asked the Shinde camp to show that they have political majority and not legislative majority. During this, the court also asked many questions to the Shinde camp on legal aspects on all the issues and decisions and tried to know how to separate defection and floor test.

‘Is the Shinde group legitimizing a defection’

During this, CJI Chandrachud also remarked that if the reason for the floor test is based on violation of the Tenth Schedule, then holding a floor test at that stage would defeat the entire basis and purpose of the Tenth Schedule. The court also wanted to know whether the Shinde group was legitimizing a defection which is not permissible under the Tenth Schedule.

Shinde group’s advocate replied in the court

To this, the counsel for the Shinde group replied that their case is not a case of partition under the Tenth Schedule. They are talking about a rival faction within a party which is dissent and the essence of democracy within a party and they claim that their camp is Shiv Sena. Senior advocate Kaul called it a matter of internal dissension. The court also noted that the head of the political party did not inform the Governor that they were withdrawing from the Maha Vikas Aghadi (MVA) alliance.

Now the matter will be heard on March 1

At the same time, Kaul said in his reply that 34 out of 55 have written a letter to the Governor saying that they do not trust this party. In fact, the Uddhav Thackeray faction had earlier shown that the opposition camp has no defense under the Tenth Schedule. A five-judge constitution bench comprising Chief Justice DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha was hearing an issue related to the Maharashtra political crisis. Now the issue will be heard again on Wednesday (March 1).

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