New Delhi: The Supreme Court on Wednesday disagreed with the contention of Shiv Sena (UBT) that it should disqualify the MLAs who have crossed over to the rival faction led by Eknath Shinde, saying that it cannot assume Speaker’s role and decide disqualification petitions against MLAs.A bench of CJI Surya Kant, and Justices Joymalya Bagchi and V Mohana was hearing pleas filed by Sena (UBT) challenging the Speaker’s call rejecting its pleas for disqualification of rebel MLAs led by Eknath Shinde and EC’s decision to recognise Sena (Shinde) as the original party to allot them the bow and arrow symbol.While hearing petitions filed by Sena UBT, the SC said it can at best set aside an erroneous order of House’s presiding officer and direct him to adjudicate the plea for disqualification afresh in conformity with guidelines laid down for the purpose.Shiv Sena split in June 2022 bringing down the MVA govt headed by Uddhav Thackeray. The rebel MLAs went on to support BJP-led NDA to form the govt in Maharashtra with Shinde as CM. Assembly elections were held in Nov 2024, wherein the BJP-led NDA secured a thumping majority.“We cannot assume the speaker’s role and decide the disqualification petitions ourselves. We can’t issue a mandamus that the MLAs, in the facts of the matter, stood disqualified. At best, we can set aside the speaker’s order and ask him to decide afresh in sync with parameters of the Tenth Schedule,” said Justice Bagchi.Senior advocate Devadatt Kamat argued that the speaker erred by not disqualifying Shinde-led rebel MLAs as the anti-defection law permits split only in a political party and not one in legislature party.Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesHe said that since there was no adjudication of a split in the political party led by Thackeray, the rebel legislators cannot be saved from the disqualification.“Shiv Sena of Thackerays has been using the bow and arrow symbol for decades and the Shinde faction cannot steal it through illegitimate means,” said senior advocate Kapil Sibal and requested the court to freeze the symbol.He added that the party belongs to the Thackerays and the Shinde-faction cannot claim to be the original party as they are defectors who have sinned under the Tenth Schedule.Kamat will conclude his arguments Thursday, which would be followed by Shinde faction lawyers presenting their side of arguments.Get the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideosModi Govt’s Gen-Z Outreach: One Union Minister To Visit One University Daily‘Fuel For Free’: Chandigarh’s ‘Petrol Langar’ Turns Chaotic, Leaves People Fuming‘No Respect For Court’: Arrest Warrant Against Mahua Moitra In Hate Speech CaseUS Envoy Calls J&K ‘Important Part Of India’ During 1st Kashmir Visit After Article 370 AbrogationPatna Erupts As Tejashwi Yadav Detained During RJD March Over Siwan AK-47 And Paper Leak RowPakistan’s 2 AM Panic Over Operation Sindoor Documentary: Pak Army Calls It ‘Tragedy & Comedy’Kolkata Hotel Fire Kills 9, Six Injured; 80 Rescued As Safety Norms Face Serious QuestionsSupreme Court To Form Panel On July 20 Clash, Examine Police Force And Alleged Pellet Gun UseManipur Shuts Down For 48 Hours As NRC Demand Intensifies Ahead Of 2027 Census DeadlineAAP Leader Satyendar Jain Arrested In Delhi Jal Board ‘Corruption’ Case; Kejriwal Hits Out At BJP123PhotostoriesIf you think Marcello Muratori from ‘Emily in Paris’ is fictional, meet the real Italian luxury dynasty that inspired his characterBigg Boss 20: From Mary Kom and Mouni Roy to Rajat Bedi, Rumoured contestants of Salman Khan-hosted show5 tips to improve your communication skills10 baby girl names that feel effortlessly elegant and modern5 easy-to-do beauty secrets that make you look effortlessly expensiveOptical illusion personality test: What you see first reveals whether you’re judgmental or too hard on yourselfBigg Boss Malayalam 8: Celebrities who can shine in the showStop saying sorry for choosing yourself: 7 things every woman should never feel guilty about, according to Ankur WarikooWhy do Indian brides wear black beads on their mangalsutra? The tradition, belief, and symbolism explainedFrom Orry to Rubina Dilaik, Gaurav Khanna and others: Net worth of popular Khatron Ke Khiladi 15 contestants123Hot PicksIndia Oil ExportsBank holidays this weekAzam KhanCSBC resultJharkhand ProtestJSSC-CGL exam cancelledGold rate todayZepto internshipTN maternity leaveTop TrendingKiren RijijuBengaluru MurderRahul GandhiBhopal MurderKerala MurderKiren RijijuAbhijeet DipkeSatyaki SavarkarBengaluru RapidoBen Gvir
New Delhi: The Supreme Court on Wednesday disagreed with the contention of Shiv Sena (UBT) that it should disqualify the MLAs who have crossed over to the rival faction led by Eknath Shinde, saying that it cannot assume Speaker’s role and decide disqualification petitions against MLAs.A bench of CJI Surya Kant, and Justices Joymalya Bagchi and V Mohana was hearing pleas filed by Sena (UBT) challenging the Speaker’s call rejecting its pleas for disqualification of rebel MLAs led by Eknath Shinde and EC’s decision to recognise Sena (Shinde) as the original party to allot them the bow and arrow symbol.While hearing petitions filed by Sena UBT, the SC said it can at best set aside an erroneous order of House’s presiding officer and direct him to adjudicate the plea for disqualification afresh in conformity with guidelines laid down for the purpose.Shiv Sena split in June 2022 bringing down the MVA govt headed by Uddhav Thackeray. The rebel MLAs went on to support BJP-led NDA to form the govt in Maharashtra with Shinde as CM. Assembly elections were held in Nov 2024, wherein the BJP-led NDA secured a thumping majority.“We cannot assume the speaker’s role and decide the disqualification petitions ourselves. We can’t issue a mandamus that the MLAs, in the facts of the matter, stood disqualified. At best, we can set aside the speaker’s order and ask him to decide afresh in sync with parameters of the Tenth Schedule,” said Justice Bagchi.Senior advocate Devadatt Kamat argued that the speaker erred by not disqualifying Shinde-led rebel MLAs as the anti-defection law permits split only in a political party and not one in legislature party.
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He said that since there was no adjudication of a split in the political party led by Thackeray, the rebel legislators cannot be saved from the disqualification.“Shiv Sena of Thackerays has been using the bow and arrow symbol for decades and the Shinde faction cannot steal it through illegitimate means,” said senior advocate Kapil Sibal and requested the court to freeze the symbol.He added that the party belongs to the Thackerays and the Shinde-faction cannot claim to be the original party as they are defectors who have sinned under the Tenth Schedule.Kamat will conclude his arguments Thursday, which would be followed by Shinde faction lawyers presenting their side of arguments.
