This Article is From Jun 27, 2022

"Can Deputy Speaker Be Judge Of His Own Court?": Supreme Court On Sena Row

A key development was a fresh plea by Eknath Shinde, leader of the rebel Sena faction, alleging that there is a threat to the lives of rebel MLAs

'Can Deputy Speaker Be Judge Of His Own Court?': Supreme Court On Sena Row

Eknath Shinde referred to Sena MP Sanjay Raut's remarks to claim threat to the MLAs

New Delhi: As the power struggle in the ranks of Shiv Sena reached the Supreme Court today, Team Thackeray and the Sena rebels traded arguments in a legal battle that will decide the future of the Maharashtra government.

Here are five key updates from the Supreme Court hearing:

  1. A key development was a fresh plea by Eknath Shinde, leader of the rebel Sena faction, alleging that there is a threat to the lives of rebel MLAs currently stationed in Guwahati. Mr Shinde referred to Sena MP Sanjay Raut's "dead bodies" remarks. The party MP has clarified that he was speaking about the "dead conscience" of the rebels.

  2. The Supreme Court asked the rebels' lawyer why they did not approach the Bombay High Court first. To this, advocate NK Kaul replied that the rebels' houses and properties are being threatened, and the situation is not conducive for them to pursue their rights in Mumbai.

  3. Appearing for the Sena leadership, Abhishek Singhvi said no reason was given by the Shinde camp on why they did not approach the high court first. Referring to past judgments of the Supreme court, he said the Deputy Speaker has the right to take a decision on the disqualification notices of rebel MLAs. A judicial review cannot take place when the proceedings in the Assembly are pending, he said.

  4. Responding to the rebels' argument that Deputy Speaker Narahari Zirwal cannot decide on MLAs' disqualification notices when a no trust vote is pending against him, his counsel Rajeev Dhawan said the no trust motion was rejected as it was sent via an unverified email address.

  5. Replying to this argument, Justice Surya Kant asked, "If Deputy Speaker is saying that he is rejecting the motion that seeks his removal, the question is can the Deputy Speaker be the Judge of his own court?"



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