SC refers pleas filed by Sena, Shinde to Constitution bench
3 min readExpress News Service
CHENNAI: The Supreme Court on Tuesday referred to a five-judge bench the petitions filed by the Shiv Sena and Maharashtra Chief Minister Eknath Shinde elevating a number of constitutional questions associated to defection, merger and disqualification.
A bench headed by Chief Justice N V Ramana ordered the itemizing of petitions earlier than the structure bench on Thursday and directed the Election Commission to not go any orders on Shinde faction’s plea that it’s thought of the true Shiv Sena and granted the celebration’s ballot image.
“List matter before Constitution Bench day after tomorrow and issue as to whether proceedings before Election Commission should go on or not can be considered by that bench. Till such time let the Election Commission not take any action,” the CJI mentioned after contemplating the request made by Senior Advocate Kapil Sibal for restraining the ECI from deciding Shinde’s declare.
While referring the matter to a bigger bench, the CJI led bench famous that it was crucial to settle the problem associated to the facility of the Speaker/Deputy Speaker to provoke disqualification proceedings when such proceedings had been initiated towards him.
Court additionally mentioned that the problem as as to if a petition below Article 32 or 226 may lie towards disqualification proceedings and will a court docket holds that member was deemed to be disqualified due by advantage of his personal actions.The bench was listening to pending instances associated to the current political disaster in Maharashtra that led to the autumn of the Maha Vikas Aghadi (MVA) authorities within the state.
CHENNAI: The Supreme Court on Tuesday referred to a five-judge bench the petitions filed by the Shiv Sena and Maharashtra Chief Minister Eknath Shinde elevating a number of constitutional questions associated to defection, merger and disqualification.
A bench headed by Chief Justice N V Ramana ordered the itemizing of petitions earlier than the structure bench on Thursday and directed the Election Commission to not go any orders on Shinde faction’s plea that it’s thought of the true Shiv Sena and granted the celebration’s ballot image.
“List matter before Constitution Bench day after tomorrow and issue as to whether proceedings before Election Commission should go on or not can be considered by that bench. Till such time let the Election Commission not take any action,” the CJI mentioned after contemplating the request made by Senior Advocate Kapil Sibal for restraining the ECI from deciding Shinde’s declare.
While referring the matter to a bigger bench, the CJI led bench famous that it was crucial to settle the problem associated to the facility of the Speaker/Deputy Speaker to provoke disqualification proceedings when such proceedings had been initiated towards him.
Court additionally mentioned that the problem as as to if a petition below Article 32 or 226 may lie towards disqualification proceedings and will a court docket holds that member was deemed to be disqualified due by advantage of his personal actions.The bench was listening to pending instances associated to the current political disaster in Maharashtra that led to the autumn of the Maha Vikas Aghadi (MVA) authorities within the state.
