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‘Shinden-led government is the result of court orders’; Thackeray Gatcha Rationalism A to Z Counsel

'Shinden-led government is the result of court orders';  Thackeray Gatcha Rationalism


M. Ta. Special Representative/Circle Society, New Delhi : The formation of a new government in Maharashtra under the leadership of Eknath Shinde would have been a direct and inevitable consequence of both the Supreme Court orders, argued Uddhav Thackeray on behalf of the Supreme Court on Thursday. Coming to Maharashtra or power struggle, the next hearing will be held on Tuesday.

In the three-day-a-week hearing before a five-member bench headed by Chief Justice Dhananjay Chandrachud, Kapil Sibal and Kapil Sibal stood side by side. On Thursday, Abhishek Manu Singhvi, while giving justification for the Thackeray faction, highlighted Sibal’s point that the then Governor Bhagat Singh Koshyari’s act of summoning Shinde for the swearing-in ceremony was unnecessary.

The combined orders passed by the Supreme Court on June 27, 2022 and June 29, 2022 or both, disturbed the co-equal and mutual balance between the judicial and statutory structures of the State. These orders were not only to preserve the status quo, but because of this a new situation was created. The establishment of a new government on 30 June 2022 would have been a direct and inevitable consequence of the Supreme Court order or both. On June 27, the Supreme Court gave a negative order denying permission to the Deputy Speaker to take a decision on pending disqualification petitions. Therefore, a positive order allowing the resolution of the trust to be taken on 30th June was given on 29th June’, says Singhvi in ​​Mandalay.

As per the 10th schedule of statehood, the Speaker of the Legislative Assembly has to take the decision regarding ineligibility,’ Sibal argued on Thursday. Presenting serious questions on the functioning of Koshyari, he said that the right to decide which party is the original Shiv Sena is not of the Governor, but of the Election Commission. Why did the governor administer the oath of office to Shinde as chief minister when Shiv Sena chief Uddhav Thackeray was present? Since the act itself is not settled by the law, what is the authority of the Governor for the sake of the court or the case, it will have to be decided.

Meanwhile, the hearing is still pending with the lawyers remaining in the Shinde case and Thackeray case. If you work for three days in the next week, then this rationalization can be completed. Yes, the court can be taken out after completion of argument.

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