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Legal News 16 March 2023

Constitution bench of the Supreme Court reserves judgment in Shiv Sena rift

The Constitution bench of the Supreme Court reserved the judgment in a batch of petitions regarding the Shiv Sena rift between Uddhav Thackeray and Eknath Shinde factions. The five-judge Constitution bench including Chief Justice of India DY Chandrachud himself along with Justice Hima Kohli, Justice PS Narasimha, Justice Krishna Murari, and Justice MR Shah listened to both sides. The two sides were amidst a political row over the name and symbol of the Shiv Sena. Uddhav Thackeray group which is being represented by Senior Advocate Kapil Sibal is seeking reconsideration of Nabam Rebia, this is strongly resented by the other faction belonging to Eknath Shinde. Previously, he had also questioned the newly formed party by saying, “How can Shinde say that I’m the political party? It has no constitutional basis.” On the other hand, Senior Advocates Harish Salve and Neeraj Kishan Kaul representing the new CM of Maharashtra said that “Speaker cannot be allowed to disqualify MLAs when he himself is facing a resolution for removal.” Earlier, Chief Justice of India DY Chandrachud had said to Mr. Kaul that “It is a tough constitutional issue to answer for this reason that the consequences of both positions have very very serious ramifications for the polity.” Today, while hearing the matter, CJI Chandrachud asked “Whether there was a valid exercise of power by the governor to call for a trust vote. What happens if we say there was no valid exercise of power?” After a nine-day-long argument in the Supreme Court, the Constitution bench reserved the matter related to the Shiv Sena rift. 

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