Ritika
After last week, the hearing of the case started once again on Tuesday. Chief Minister Eknath Shinde by Neeraj Kishan Kaul and Mandatana S in Karnataka. R. Gave reference to Bommai Khatlya. Shinde Gatta demanded that in the situation arising out of the split in the Legislative Assembly, the path of majority of any government has to go through the strength test in the Legislative Assembly, or what was the idea of the struggle for power in Maharashtra as per the conclusion of the Bommai case.
Singhvi and Devdutt Kamat by Thackeray’s group on Tuesday, full of rationalization. Kaul started the tactic by Shinde Gatta. After that, Mahesh Jethmalani and Salve will have arguments and then Kapil Sibal will show his side again. The situation in the case of Bommai would have been different from that of Maharashtra. At that time, the impudent decision would have led to bigger incidents than five judges. That’s why exit is important for us, Chief Justice Chandrachud clarified. When the decision of disqualification is in the court, how can the MLA vote, he raised the question during Kaul’s arguments.
Who said what?
Abhishek Manu Singhvi (Thackeray Group)
When the issue of ineligibility of the members of the Legislative Assembly is judicially entered, then how can the Governor administer oath to them as the government?
This Khatla means the test of morality in politics and system.
The role of the then governors is very serious and past regarding the validity of the incident politics.
Shiv Sena’s Futila Governor gave recognition. Can you do that?
The court cannot give instructions to the governor. But in other times, in such cases, the court used to send contempt notices.
What a serious thought about merger. The Governor has no power while the decision of disqualification is pending.
In this case, the Governor has recognized the MLAs as one party and they have received the stamp of authority from the Governor.
Devdutt Kamat (Thackeray Group)
This case is not about the misconduct in the process but about the violation of the incident
It is not the work of the parliamentary system to apply the whip or to appoint a counterman.
Whip na paloon shinde gatane anti-partisan behaviour.
It would have been clear from the Governor’s letter whether the MLAs were disqualified. Thackeray is not the party chief of Shiv Sena, it is visible from the actions of the Governor. That’s why their letter should be cancelled.
Chief Justice’s Questions and Issues
The Bommai episode would have been a different situation than Maharashtra. That’s why how the decision will be implemented here, give a detailed rationale.
When there was a question mark on favoritism, did the majority test take place?
What would be the importance of 7 independent MLAs in the majority test?
With threats and hue and cry, the Governor has nothing to show. Withdrawing the support of the then government and the ouster of 34 MLAs is the only issue.
What would have been the reasons for destabilizing the government, it should be considered.
You (Khari) Shiv Sena is not hurt, this Vidhimandalat cannot be established.
Action would have started on some MLAs for their ineligibility, their decision would have been pending, then how can the MLAs vote through majority test?
If the reason given for the majority test does not comply with the Tenth List, then the purpose of the Tenth List is to hold the majority test before the decision of disqualification.
