Thackeray-Shinde row: Supreme Court to decide later on referring pleas to 7-judge Bench
1 year, 10 months ago

Thackeray-Shinde row: Supreme Court to decide later on referring pleas to 7-judge Bench

The Hindu  

The Supreme Court on Friday, February 17, 2023, decided to hear the merits of a bitter political battle between rivals, Maharashtra Chief Minister Eknath Shinde and his predecessor Uddhav Thackeray, for control over Shiv Sena and not digress from the factual aspects of the dispute for now by referring to a seven-judge Bench a legal question based on a 2016 judgment. During the hearing of the case, Mr. Thackeray’s camp had questioned the correctness of a legal principle laid down by a Constitution Bench in Nabam Rebia case in 2016 that a Speaker facing a notice of resolution for his removal cannot decide disqualification proceedings against legislators under the anti-defection law without first clearing his name. Reading out the short order, Chief Justice Chandrachud said the question of reference to a larger Bench cannot be “isolated or divorced” from the facts of Shinde-Thackeray quarrel. In the above backdrop, the issue whether the reference of the decision in the Nabam Rebia judgment to a larger Bench is warranted would be determined together with the merits of the case,” Chief Justice Chandrachud pronounced the order for the Bench.

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History of this topic

Shiv Sena row | Supreme Court asks whether Maharashtra Speaker contradicted verdict
9 months, 2 weeks ago

Shiv Sena row | Supreme Court asks whether Maharashtra Speaker contradicted verdict

The Hindu  

The Supreme Court on March 7 asked whether Maharashtra Speaker Rahul Narwekar “contradicted” a Constitution Bench judgment to bank on ‘legislative majority’ as a criterion to declare Chief Minister Eknath Shinde’s faction as the “real” Shiv Sena. “The Speaker says the ‘real’ political party is discernible from which faction held the legislative majority at the time of the emergence of …

Sena vs Sena: SC weighs senior advocate Kapil Sibal's plea, considers listing Thackeray faction's appeal
10 months, 2 weeks ago

Sena vs Sena: SC weighs senior advocate Kapil Sibal's plea, considers listing Thackeray faction's appeal

India TV News  

Supreme Court on Monday agreed to list a petition by Uddhav Thackeray faction of Shiv Sena challenging the order of Maharashtra Speaker Rahul Narwekar on the dismissal of disqualification pleas against Chief Minister Eknath Shinde faction MLAs. Senior advocate Kapil Sibal appearing for the Thackeray group mentions the matter for early listing of the case saying it can be listed …

Bombay High Court issues notice to Maharashtra Speaker, Uddhav Sena MLAs on Shinde faction pleas
11 months, 1 week ago

Bombay High Court issues notice to Maharashtra Speaker, Uddhav Sena MLAs on Shinde faction pleas

The Hindu  

The Bombay High Court on Wednesday issued notices to Maharashtra Assembly Speaker Rahul Narwekar and the 14 MLAs aligned with Uddhav Thackeray, responding to petitions filed by Chief Minister Eknath Shinde-led Shiv Sena. The chief whip of Shinde-led Shiv Sena, Bharat Gogavale, has filed petitions challenging Mr. Narwekar’s January 10 order dismissing disqualification petitions against 14 MLAs from the Thackeray …

Uddhav Thackeray group moves Supreme Court against speaker’s ‘real Shiv Sena’ order
11 months, 1 week ago

Uddhav Thackeray group moves Supreme Court against speaker’s ‘real Shiv Sena’ order

Hindustan Times  

NEW DELHI: Maharashtra speaker Rahul Narwekar’s decision to dismiss the disqualification petitions against chief minister Eknath Shinde and 38 “rebel” Shiv Sena legislators was a “colourable” exercise of power based on “extraneous and irrelevant” considerations, the Shiv Sena faction led by Uddhav Thackeray in a petition filed in the Supreme Court on Monday. The Uddhav Thackeray-led Shiv Sena has approached …

Breaking | Shinde Faction Approaches Bombay High Court Challenging Speaker's Refusal To Disqualify Uddhav Thackeray Faction MLAs
11 months, 1 week ago

Breaking | Shinde Faction Approaches Bombay High Court Challenging Speaker's Refusal To Disqualify Uddhav Thackeray Faction MLAs

Live Law  

The faction of Shiv Sena led by CM Eknath Shinde has approached the Bombay High Court challenging Maharashtra Legislative Assembly Speaker Rahul Narwekar's refusal to disqualify 14 MLAs of the Uddhav Thackeray faction. Significantly, the faction led by Uddhav Thackeray has moved the Supreme Court challenging the Speaker's decision insofar as it recognized Eknath Shinde group as the real Shiv …

The Speaker’s court: On the Maharashtra Assembly Speaker’s ruling
11 months, 1 week ago

The Speaker’s court: On the Maharashtra Assembly Speaker’s ruling

The Hindu  

The Maharashtra Assembly Speaker Rahul Narwekar’s ruling on the disqualification petitions filed by rival factions of the Shiv Sena demonstrates why the adjudicatory function under the anti-defection law should not be in the hands of Presiding Officers in the legislature. The ruling is based mainly on the finding that loyalists of Eknath Shinde, the Chief Minister now, constituted the ‘real …

Speaker’s verdict against Supreme Court guidelines, says irate MVA
11 months, 2 weeks ago

Speaker’s verdict against Supreme Court guidelines, says irate MVA

Hindustan Times  

MUMBAI: Maharashtra Vikas Aghadi leaders slammed speaker Rahul Narwekar’s order on the Shiv Sena disqualification petitions, reiterating that the verdict was against the guidelines given by the Supreme Court. The SC should then take suo motu note of Narwekar’s act.” Chief Minister Eknath Shinde said the speaker’s verdict was not a victory of any party but the victory of democracy. …

Supreme Court gives Maharashtra Speaker last chance to set timeline for anti-defection proceedings against CM Shinde’s camp
1 year, 2 months ago

Supreme Court gives Maharashtra Speaker last chance to set timeline for anti-defection proceedings against CM Shinde’s camp

The Hindu  

The Supreme Court on October 17 gave Maharashtra Assembly Speaker Rahul Narwekar a final opportunity to frame a realistic time schedule to hear and decide the anti-defection proceedings against Chief Minister Eknath Shinde and other MLAs. ‘Cannot defeat SC orders’ On October 13, Chief Justice Chandrachud said the Speaker had disregarded the court’s September 18 order to prepare a schedule …

Amidst NCP split, Thackeray camp moves SC against Speaker for delaying disqualification hearings against Shinde
1 year, 5 months ago

Amidst NCP split, Thackeray camp moves SC against Speaker for delaying disqualification hearings against Shinde

The Hindu  

The Uddhav Thackeray camp in the Supreme Court on July 4 accused Maharashtra Assembly Speaker Rahul Narwekar of deliberately delaying disqualification proceedings against Chief Minister Eknath Shinde for defection. The Thackeray faction said Mr. Narwekar’s conduct has been in “brazen disregard” of his constitutional duties as a neutral arbiter under the Tenth Schedule of the Constitution. “It is imperative for …

DC Edit | Maha verdict exposes gov's misdeeds, boost for Uddhav
1 year, 7 months ago

DC Edit | Maha verdict exposes gov's misdeeds, boost for Uddhav

Deccan Chronicle  

Just like the 1994 S.R. Bommai ruling, the Supreme Court judgment in the Shiv Sena case, involving a split in the party which led to the appointment of the Eknath Shinde government in Maharashtra, is a milestone in India’s journey on the sometimes tenuous and tendentious course of democracy. People with a basic understanding of democratic governance and the Constitution …

'We will again go to court if...': warns Uddhav Thackeray on Maharashtra political discourse
1 year, 7 months ago

'We will again go to court if...': warns Uddhav Thackeray on Maharashtra political discourse

India TV News  

A day after the Supreme Court verdict on Maharashtra political crisis, Uddhav Thackeray on Friday said he will approach the 'people's court' to remove the present Eknath Shinde government from power. The Supreme Court had on Friday ruled that the decision of the Speaker to appoint Bharat Gogawale of the Shinde faction in June as the whip of the Shiv …

Supreme Court verdict in Maharashtra power tussle comes as relief to Eknath Shinde
1 year, 7 months ago

Supreme Court verdict in Maharashtra power tussle comes as relief to Eknath Shinde

The Hindu  

Published : May 11, 2023 19:22 IST - 3 MINS READ The verdict of a Supreme Court bench on May 11 in Maharashtra’s power tussle, which said that it cannot restore the Uddhav Thackeray government as Thackeray had resigned on his own, has come as immediate relief to Chief Minister Eknath Shinde. The Supreme Court has allowed the Speaker of …

OPINION How Eknath Shinde Gain Is Devendra Fadnavis Loss. Fadnavis could Becoe CM For third Time
1 year, 7 months ago

OPINION How Eknath Shinde Gain Is Devendra Fadnavis Loss. Fadnavis could Becoe CM For third Time

ABP News  

With the Supreme Court's verdict out, the suspense over survival of the 11-month-old Eknath Shinde government in Maharashtra is over for now. The judgment brings forth three notable points — Devendra Fadnavis once again missed a chance to become the chief minister of Maharashtra; Governor Bhagat Singh Koshyari played a villain in the drama; and Uddhav Thackeray made an imprudent …

Supreme Court ruling success of election mandate, says Eknath Shinde
1 year, 7 months ago

Supreme Court ruling success of election mandate, says Eknath Shinde

Live Mint  

Maharashtra Chief Minister Eknath Shinde reacted to the Supreme Court ruling on his last year's rebellion which led to the fall of the Uddhav Thackeray government, saying the judgment is the success of the 2019 election mandate. Speaking to reporters after the Supreme Court verdict on his mutiny, Eknath Shinde said, "This is the victory of the vision of Babasaheb …

Maharashtra Guv erred but, can’t restore MVA govt, says SC
1 year, 7 months ago

Maharashtra Guv erred but, can’t restore MVA govt, says SC

Live Mint  

A Supreme Court bench headed by the Chief Justice of India, DY Chandrachud, hearing a bunch of petitions on the Shiv Sena case on Thursday ruled that the decision from the then Maharashtra Governor BS Koshyari to conduct a Floor Test was not in accordance with the Constitution. The Supreme Court also ruled that it cannot disqualify the Eknath Shinde-led …

Shiv Sena Crisis : Shinde-Faction Hails SC Verdict; Thackeray Group Demands Resignation of Current Govt
1 year, 7 months ago

Shiv Sena Crisis : Shinde-Faction Hails SC Verdict; Thackeray Group Demands Resignation of Current Govt

News 18  

In a huge relief to the Eknath Shinde-led Shiv Sena-BJP government in Maharashtra, the Supreme Court on Thursday refused to restore the status quo in Maharashtra. While the Shinde-faction of Shiv Sena hailed the Supreme Court’s verdict, the Thackeray-led faction demanded the current government resign on moral grounds. Follow LIVE Shiv Sena leader Rahul Ramesh Shewale also hailed the Supreme …

Shiv Sena Crisis: Shinde Scores Over Thackeray; Governor Erred in Asking for Floor Test, Says SC
1 year, 7 months ago

Shiv Sena Crisis: Shinde Scores Over Thackeray; Governor Erred in Asking for Floor Test, Says SC

News 18  

The Uddhav Thackeray government cannot be restored in Maharashtra since he resigned as chief minister and did not face floor test, the Supreme Court said on Thursday in a big win for incumbent Eknath Shinde whose revolt along with 15 MLAs ousted the Maha Vikas Aghadi government and triggered a long-drawn battle for control of the Shiv Sena. Here’s a …

Could have reinstated Uddhav Thackeray had not he resigned as chief minister: SC
1 year, 7 months ago

Could have reinstated Uddhav Thackeray had not he resigned as chief minister: SC

Hindustan Times  

The Supreme Court could have reinstated Uddhav Thackeray had he refrained from resigning as the Maharashtra chief minister last year following Eknath Shinde-led Shiv Sena lawmakers’ rebellion, a constitution bench said on Thursday. “Floor test cannot be used as a medium to resolve inter or intra-party disputes.” The bench said deputy chief minister and BJP leader Devendra Fadanvis and independent …

Maharashtra crisis: ‘Shinde faction will be finished,’ says Sanjay Raut
1 year, 7 months ago

Maharashtra crisis: ‘Shinde faction will be finished,’ says Sanjay Raut

Live Mint  

Ahead of the Supreme Court's verdict on Maharashtra political crisis, Sanjay Raut of Uddhav Thackeray's Shiv Sena party stated that if 16 MLAs of Eknath Shinde's group are disqualified, "the group of traitors will be finished" ahead of the Maharashtra political crisis verdict. "If the 16 MLAs including CM Shinde are disqualified today, then this group of traitors will be …

Sena vs Sena | A series of signs that Supreme Court viewed Shinde’s route to power with skepticism
1 year, 7 months ago

Sena vs Sena | A series of signs that Supreme Court viewed Shinde’s route to power with skepticism

The Hindu  

A series of observations made by the Supreme Court towards the fag end of the Uddhav Thackeray-Eknath Shinde dispute over the “real’ Shiv Sena signalled the judges’ skepticism about the incumbent Maharashtra Chief Minister’s route to power. Chandrachud, heading the Bench, had observed how the 39 rebel Shiv Sena legislators who made up the Shinde camp would have been disqualified …

Maharashtra political row: Thackeray can't be restored as CM, says SC
1 year, 7 months ago

Maharashtra political row: Thackeray can't be restored as CM, says SC

Deccan Chronicle  

New Delhi: The Supreme Court Thursday held the Maharashtra governor was not justified in calling upon then chief minister Uddhav Thackeray to prove majority in the Assembly on June 30 last year but refused to order status quo ante, saying he did not face the floor test and resigned. In a unanimous verdict on a batch of pleas related to …

Uddhav Vs Shinde: Supreme Court Verdict On Maharashtra Political Row Today
1 year, 7 months ago

Uddhav Vs Shinde: Supreme Court Verdict On Maharashtra Political Row Today

ABP News  

A Constitution bench of the Supreme Court will deliver its verdict on Thursday on a batch of petitions related to the 2022 Maharashtra political crisis that saw Eknath Shinde taking over as Chief Minister from Uddhav Thackeray following a split in the Shiv Sena. READ | 'SC Judgment Will Decide Whether Democracy Exists In Country': Uddhav Camp On Maharashtra Crisis …

Maharashtra political crisis: Here's all you need to know before Supreme Court verdict today
1 year, 7 months ago

Maharashtra political crisis: Here's all you need to know before Supreme Court verdict today

India Today  

A Constitution Bench of the Supreme Court will pronounce on Thursday morning its verdict on a set of petitions arising out of the Uddhav Thackeray-Eknath Shinde split in the Shiv Sena and the subsequent change of government in Maharashtra in 2022. One major issue before the court was also whether it needs to re-look or clarify the Nabam Rebia 2016 …

Supreme Court Judgment Maharashtra Crisis Will Decide Whether Democracy Exists In Country Uddhav Thackeray MVA
1 year, 7 months ago

Supreme Court Judgment Maharashtra Crisis Will Decide Whether Democracy Exists In Country Uddhav Thackeray MVA

ABP News  

With the Supreme Court set to deliver its verdict on Thursday on the Maharashtra political crisis, which led to the fall of the Uddhav Thackeray-led government, the MVA said the judgment would determine if democracy "exists" in the country and judiciary "functions" independently. Speaking to reporters on Wednesday, Shiv Sena leader Sanjay Raut said, "The Supreme Court judgment will decide …

Maharashtra political crisis verdict today: Supreme Court to decide on questions of law
1 year, 7 months ago

Maharashtra political crisis verdict today: Supreme Court to decide on questions of law

India Today  

A Constitution bench headed by the Chief Justice of India, DY Chandrachud, will deliver its crucial verdict today in the pleas pertaining to the Maharashtra political crisis. The judgement will decide the fate of the Eknath Shinde government in Maharashtra and also of the ousted Shiv Sena leader Udhhav Thackrey while answering some important questions of law. Whether a notice …

Shiv Sena Case | What Is The Ultimate Relief Court Can Grant? Supreme Court Asks Thackeray Faction
1 year, 10 months ago

Shiv Sena Case | What Is The Ultimate Relief Court Can Grant? Supreme Court Asks Thackeray Faction

Live Law  

A constitution bench of the Supreme Court on Tuesday heard the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups on merits today. In yesterday's proceedings, Senior Advocate Kapil Sibal, appearing for the Uddhav Thackeray faction opened the arguments and submitted that if the court upholds the Eknath …

Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case
1 year, 10 months ago

Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case

Live Law  

A Constitution Bench of the Supreme Court will hear today the cases related to rift in the Shiv Sena party, which led to the political changes in Maharashtra in June-July 2022.A 5-judge bench led by Chief Justice of India DY Chandrachud had on last Friday deferred the decision on the preliminary question whether to reconsider the decision in Nabam Rebia …

Shiv Sena rift: Supreme Court defers verdict on reference to larger bench to February 21
1 year, 10 months ago

Shiv Sena rift: Supreme Court defers verdict on reference to larger bench to February 21

India TV News  

The Supreme Court Constitution bench on Friday held that the issue whether Nabam Rebia judgement requires a reference to a larger 7-judge bench will be decided along with the merits or the case concerning Shiv Sena rift. The merits of the case will be heard on Tuesday The Apex Court was slated to pronounce its judgment Friday on a plea …

Uddhav Thackeray vs Eknath Shinde : Why Supreme Court Said It's A Tough Constitutional Issue To Decide?
1 year, 10 months ago

Uddhav Thackeray vs Eknath Shinde : Why Supreme Court Said It's A Tough Constitutional Issue To Decide?

Live Law  

While hearing the case related to the rift within the Shiv Sena party, a Constitution Bench of the Supreme Court on Wednesday orally observed that one of the issues is a "tough constitutional issue to decide".One issue which has been referred to the Constitution Bench is the correctness of the view taken by the Supreme Court in its 2016 decision …

Eknath Shinde Vs Uddhav Thackeray: SC To Hear Pleas Of Shiv Sena Factions On Feb 14
1 year, 11 months ago

Eknath Shinde Vs Uddhav Thackeray: SC To Hear Pleas Of Shiv Sena Factions On Feb 14

ABP News  

The Supreme Court on Tuesday said that it will commence hearing on February 14 on pleas related to the Maharashtra political crisis triggered by the Shiv Sena's division. A five-judge constitution bench headed by Chief Justice DY Chandrachud was told by senior advocate Kapil Sibal, appearing for the Uddhav Thackeray Shiv Sena, that he will seek reference of the cases …

Constitution Bench to hear Shiv Sena factional dispute on February 14
1 year, 11 months ago

Constitution Bench to hear Shiv Sena factional dispute on February 14

The Hindu  

A five-judge Bench of the Supreme Court on Tuesday, January 10, 2023, said it will start hearing from February 14 the political battle between Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde over the “real” Shiv Sena. Lawyers had argued that the three-judge Bench raised “important constitutional questions relating to interpretation of Schedule 10 of the Constitution pertaining to disqualification, …

Shiv Sena Rift : Uddhav Group Seeks Reference To 7-Judge Bench Of Supreme Court To Reconsider 'Nabam Rebia' Decision
2 years ago

Shiv Sena Rift : Uddhav Group Seeks Reference To 7-Judge Bench Of Supreme Court To Reconsider 'Nabam Rebia' Decision

Live Law  

In the cases related to the rift in the Shiv Sena party, Senior Advocate Kapil Sibal, representing the Uddhav Thackeray group, submitted before a 5-judge bench of the Supreme Court on Tuesday that the matter needs to be referred to a 7-judge bench, to consider the correctness of the 2016 judgment delivered by the Constitution Bench in Nabam Rebia versus …

Supreme Court to take up disqualification of Maharashtra MLAs tomorrow
2 years, 1 month ago

Supreme Court to take up disqualification of Maharashtra MLAs tomorrow

India Today  

The five-judge constitution bench of the Supreme Court will begin hearing cases related to the Maharashtra political crisis on Tuesday. Earlier, the Supreme Court refused to stay the Election Commission's proceedings to decide who commanded the "real" Shiv Sena, Eknath Shinde or Uddhav Thackeray in Maharashtra. In June this year, the Uddhav Thackeray-led Maha Vikas Aghadi government collapsed after a …

'Nabam Rebia Decision's Reasoning Prima Facie Contradictory' : Read Issues Referred To Supreme Court Constitution Bench In Shiv Sena Dispute
2 years, 4 months ago

'Nabam Rebia Decision's Reasoning Prima Facie Contradictory' : Read Issues Referred To Supreme Court Constitution Bench In Shiv Sena Dispute

Live Law  

The Supreme Court bench comprising Chief Justice N.V. Ramana, Justice Hima Kohli and Justice Krishna Murari has referred the dispute between Uddhav Thackeray and Eknath Shinde factions of Shiv Sena to be decided by a Constitution Bench. The bench was hearing the following petitions related to the crisis: Petition preferred by rebel Shiv Sena leader Eknath Shinde challenging the disqualification …

SC refers Thackeray-Shinde row to Constitution Bench
2 years, 4 months ago

SC refers Thackeray-Shinde row to Constitution Bench

The Hindu  

The Supreme Court on Tuesday referred the battle between Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde over the "real" Shiv Sena to a Constitution Bench. A three-judge Bench led by Chief Justice of India N.V. Ramana said the dispute raises "important constitutional questions relating to interpretation of Schedule 10 of the Constitution pertaining to disqualification, as well as the …

'Important Constitutional Issues To Be Settled' : Supreme Court Mulls Larger Bench Reference In Uddhav Thackeray-Eknath Shinde Dispute
2 years, 5 months ago

'Important Constitutional Issues To Be Settled' : Supreme Court Mulls Larger Bench Reference In Uddhav Thackeray-Eknath Shinde Dispute

Live Law  

A three-judge bench of the Supreme Court on Wednesday observed that the issues arising in the petitions filed in relation to the Shiv Sena rift may have to be referred to a larger bench. A bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli was hearing six petitions filed by petitioners belonging to Eknath …

Supreme Court to hear pleas of Uddhav & Shinde camps on July 20
2 years, 5 months ago

Supreme Court to hear pleas of Uddhav & Shinde camps on July 20

Hindustan Times  

The Supreme Court is likely to hear on July 20 a bunch of petitions on the Maharashtra political crisis that led to the fall of the Uddhav Thackeray-led Maha Vikas Aghadi government. Both the Thackeray-led Shiv Sena and the faction led by chief minister Eknath Shinde have moved the top court over disqualification of MLAs. Last Monday, the Supreme Court …

Can Uddhav Thackeray Find a Way to Defeat Shinde Govt Through Supreme Court?
2 years, 5 months ago

Can Uddhav Thackeray Find a Way to Defeat Shinde Govt Through Supreme Court?

The Quint  

On 27 June, it agreed to hear the petitions filed by Eknath Shinde and his then-rebel MLAs which argued that then-Deputy Speaker Narhari Zirwal should not be allowed to decide on the disqualification notices against them, as they had sought his removal. There was a clear legal issue at play here, based on the Nabam Rebia judgment of the Supreme …

In War of Ideology vs Courts, Shinde Wields Balasaheb Thackeray's Legacy as 'Brahmastra' Against Team Uddhav
2 years, 5 months ago

In War of Ideology vs Courts, Shinde Wields Balasaheb Thackeray's Legacy as 'Brahmastra' Against Team Uddhav

News 18  

The Maharashtra political crisis has now boiled down to a simple battle — that of ideology vs the courts. As rebel Shiv Sena leader Eknath Shinde’s bloc camps in Guwahati to strategise against the Uddhav Thackeray government, the leaders are confident they have cobbled together enough numbers to win a legal battle against the Maharashtra chief minister and his supporters. …

Eknath Shinde moves Supreme Court; Uddhav Thackeray camp says Shiv Sena rebels will be disqualified
2 years, 5 months ago

Eknath Shinde moves Supreme Court; Uddhav Thackeray camp says Shiv Sena rebels will be disqualified

The Hindu  

The political turmoil in Maharashtra intensified on Sunday, with rebel Shiv Sena MLA and Minister Eknath Shinde moving the Supreme Court against the disqualification notice issued by the Deputy Speaker to him and 15 other legislators. ‘Situation is akin to Nazi Germany’ Mr. Aaditya warned that all the rebel MLAs would be disqualified, and added that he “will not rest …

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