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Suspension petition against 3 MLAs without Shinde, key issues in Sibley’s argument A to Z Counsel

Suspension petition against 3 MLAs without Shinde, key issues in Sibley's argument


New Delhi : The hearing on the petitions of the power struggle in Maharashtra has started in the Supreme Court under the leadership of the Chief Justice. Chief Justice D.Y. Chandrachud and Ny. M.R. Shah, Justice. Krishna Murari, Justice. Hima Kohli and Ny. P.S. Narasimha’s case hearing will continue for three consecutive days from today. The promise between Thackeray Shinde and Thackeray Gatachya Bajun Kapil Sibal started the argument. Sibal rationalized the role of the Governor, the election of the Speaker, the anti-partisan action of Shinde Gatta and the petitions for the suspension of three dissident MLAs.

Kapil Sibal argued that the amendment in the 10th Schedule, the Anti-Party Act, and the Prohibition of Department Act are synonymous with merger. Sibal also rationalized about the whip.

Kapil Sibal, while expressing respect for the post of Governor, raised questions about the decisions taken by the then Governor Bhagat Singh Koshyari. When the action of suspension on a member is pending, then such a question was raised whether the Governor can administer oath to that person as the Chief Minister. Here the governor would have taken the oath in the morning. After that, the Chief Minister would have had to resign following the order of the Supreme Court, said Sibal. The governor went ahead with his constitutional responsibility, as Sibal said. The governor did not even elect the president for six months, Sibal did such a trick.

Uddhav Thackeray is the leader of the Legislative Council, while Eknath Shinde was elected as the leader of the assembly. After that they came to remove the sides, said Sibal.

The defection law is not about the division in the legislative party, but about the division in the political party, as argued by Sibal. A whip is appointed as his representative by the political party, as a result of which Sibal used to do the trick.

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The Shinde faction automatically accepted the Shiv Sena and voted for the BJP candidate instead of the Shiv Sena candidate, and Sibal did this as a tactic.

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In addition to the MLAs of the Shinde faction, three MLAs including Prahar Janshakti Party MLAs have filed suspension petitions against Kapil Sibal in the Supreme Court.

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