INDIA. Mumbai: A Constitution Bench of the Supreme Court posted the batch of petitions filed by both the Uddhav Thackeray and the Eknath Shinde faction about the crisis in Shiv Sena in Maharashtra, for directions, on November 29, on Tuesday.
The 5-Judge Bench comprising Justices D.Y. Chandrachud, M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha gave directions for the effective hearing of the clutch of petitions. It is directed that the Counsels shall file a joint compilation of written submissions within 4 weeks.
Justice Chandrachud asked the Counsels to formulate the questions of law that require consideration of the Constitution Bench and asked them to decide the issues each would address to avoid overlap.
He also directed that two junior advocates from both sides should compile the documents in soft copies and distribute them to all the concerned Counsels.
Earlier, the bench comprising former Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli, had framed 11 issues for its consideration.
They included:
A. Whether the notice of removal of the speaker restricts him from continuing the disqualification proceedings under Schedule X of the Indian Constitution was held by the Court in the Nabam Rebia case.
B. Whether a petition under Article 226 and Article 32 lies inviting a decision on a disqualification proceeding by the High Courts or the Supreme Court.
C. Can a court hold that a member is deemed to be disqualified by his/her actions in absence of a decision by the Speaker?
D. What is the status of proceedings in the House during the pendency of disqualification against the members?
E. If the decision of the speaker that a member has incurred disqualification under the Tenth Schedule relates to the date of the complaint, then what is the status of proceedings taking place during the pendency of the disqualification petition?
F. What is the impact of the removal of Para III of the Tenth Schedule? (which omitted “split” in a party as a defence against disqualification proceedings).
G. What is the scope of the Speaker’s power to determine the whip and leader of the house of the legislative party?
H. What is the interplay concerning the provisions of the Tenth Schedule?
I. Are intra-party questions amenable to judicial review?
J. Whether the Governor’s power to invite a person to form the government is amenable to judicial review?
K. What is the scope of the powers of the Election Commission of India concerning deterring an ex parte split within a party?
Petitions
The cases are related to the disqualification of 16 Shiv Sena MLAs (now in the Shinde group) by former Maharashtra Legislative Assembly Deputy Speaker Narhari Zirwal on June 25 the subsequent challenge to the notices.
A plea by Bharat Gogawale and 14 other MLAs (Shinde faction) seeking to restrain Zirwal from taking action in the disqualification matter until the resolution for his removal is decided.
Petition filed by Shiv Sena Chief Whip Sunil Prabhu challenging the Maharashtra Governor’s direction to former CM Uddhav Thackeray to prove the majority of the Maha Vikas Aghadi Government on June 30.
Another petition that challenged the recognition of Bharat Ghogawale as the Chief whip of the Sena by the newly elected Assembly Speaker Rahul Narvekar.
Petition by the Shiv Sena General Secretary Subhash Desai, challenging the decision of the Governor to invite Shinde to be the Maharashtra CM (June 30).
A petition challenging the Assembly proceedings held on July 3 (election of Narvekar as a Speaker) and July 04 (the floor test won by the Shinde faction).
Petition preferred by 14 MLAs of the Uddhav faction challenged the initiation of disqualification proceedings against them by Narvekar.
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