Articles for Disqualification Proceedings

Supreme Court raps Maharashtra Speaker for ‘disregarding’ court order
1 year, 2 months ago

Supreme Court raps Maharashtra Speaker for ‘disregarding’ court order

The Hindu  

The Supreme Court on October 13 slammed Maharashtra Assembly Speaker Rahul Narwekar for reducing the anti-defection proceedings against Chief Minister Eknath Shinde and other MLAs to a “charade”, saying that he cannot “merrily” defer hearings and has to decide before the next elections. “Somebody has to advice the Speaker that he cannot defeat the orders of the Supreme Court like …

Justice Supreme Court Court Maharashtra Speaker Schedule Mehta
Money Bill, Speaker's Powers, Minority Status Of AMU : Issues In 7-Judge Bench Matters Which Supreme Court Will Hear Soon
1 year, 2 months ago

Money Bill, Speaker's Powers, Minority Status Of AMU : Issues In 7-Judge Bench Matters Which Supreme Court Will Hear Soon

Live Law  

The Supreme Court will be finishing pre-hearing steps in six 7-judge bench matters on October 12. These matters include exploration of the state's authority to levy additional taxes on dealers, the boundaries of parliamentary and legislative powers, examination of whether religious minorities can administer educational institutions not established by them, legality of 'primary preference' within the Scheduled Castes category and …

Supreme Court Matters Constitution Court Money Fundamental Rights Legislative Assembly
Top news of the day: October 09, 2023
1 year, 2 months ago

Top news of the day: October 09, 2023

The Hindu  

2023 Nobel Prize in Economic Sciences awarded to U.S. economist Claudia Goldin for advancing understanding of women’s labour market outcomes The Royal Swedish Academy of Sciences has decided to award the 2023 Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel to Claudia Goldin “for having advanced our understanding of women’s labour market outcomes.” Claudia Goldin, a professor …

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SC to hear on October 13 Sharad Pawar camp plea against Speaker’s ‘inaction’ on disqualification proceedings of breakaway NCP MLAs
1 year, 2 months ago

SC to hear on October 13 Sharad Pawar camp plea against Speaker’s ‘inaction’ on disqualification proceedings of breakaway NCP MLAs

The Hindu  

The Supreme Court on Monday agreed to list on October 13 a petition filed by Nationalist Congress Party leader Sharad Pawar’s loyalist, Jayant Patil, to intervene with Maharashtra Assembly Speaker Rahul Narwekar to hear disqualification proceedings against party legislators who have changed fealty to Deputy Chief Minister Ajit Pawar. Chandrachud said the case would be listed on October 13 along …

Court Disqualification Shiv Sena Speaker Thackeray Chief Ncp
SC gives Maharashtra Speaker a week to open disqualification proceedings against CM Shinde and other MLAs
1 year, 3 months ago

SC gives Maharashtra Speaker a week to open disqualification proceedings against CM Shinde and other MLAs

The Hindu  

The Supreme Court on Monday gave Maharashtra Assembly Speaker Rahul Narwekar a week’s time to open disqualification proceedings against Chief Minister Eknath Shinde and other MLAs accused of defection. The court had expected the Maharashtra Speaker to show “deference and dignity” to the court’s direction that he should decide the disqualification petitions within a “reasonable time”. On May 11, a …

Court Maharashtra Chief Justice Judicial Review Speaker Schedule Shinde
SC notice to Maharashtra Speaker on Thaackeray camp plea of deliberate delay in disqualification proceedings against CM Shinde, others
1 year, 5 months ago

SC notice to Maharashtra Speaker on Thaackeray camp plea of deliberate delay in disqualification proceedings against CM Shinde, others

The Hindu  

The Supreme Court on Friday issued notice to Maharashtra Assembly Speaker Rahul Narwekar in a petition filed by Uddhav Thackeray loyalists accusing him of deliberately delaying the disqualification proceedings pending against Chief Minister Eknath Shinde for defection. “It is imperative for this court to direct the Speaker to decide the disqualification petitions filed by the petitioner against delinquent members of …

Maharashtra Disqualification Speaker Shinde Petition Prabhu Tenth Schedule
SC unlocks disqualification proceedings against Shinde, but cannot reinstate Uddhav as CM
1 year, 7 months ago

SC unlocks disqualification proceedings against Shinde, but cannot reinstate Uddhav as CM

The Hindu  

The Supreme Court, in a unanimous judgment, effectively opened the doors for disqualification proceedings against Maharashtra Chief Minister Eknath Shinde for defection from the Shiv Sena party, and held that the then-Governor Bhagat Singh Koshyari “erred” in calling for a trust vote which triggered the fall of the Uddhav Thackeray-led Maha Vikas Aghadi government in mid-2022. First, the court said …

Court Disqualification Party Shiv Sena Sena Speaker House
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 …

Court Maharashtra Disqualification Chief Minister Shiv Sena Sena Speaker
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 Constitution Court Maharashtra Verdict Shiv Sena Sena
If Some MLAs In A Political Party Oppose Coalition, That Will Attract Disqualification : Supreme Court
1 year, 9 months ago

If Some MLAs In A Political Party Oppose Coalition, That Will Attract Disqualification : Supreme Court

Live Law  

The Constitution bench of the Supreme Court of India, while hearing the pleas concerning the issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups, asked whether holding a floor test during the pendency of disqualification proceedings would amount to legitimising defection.The Court verbally remarked that if the antecedent reason for a floor. …

Supreme Court Constitution Political Court Test Disqualification Party
Shiv Sena Case | How Can We Take Over Speaker's Functions? Supreme Court To Uddhav Side
1 year, 10 months ago

Shiv Sena Case | How Can We Take Over Speaker's Functions? Supreme Court To Uddhav Side

Live Law  

The Constitution bench of the Supreme Court of India, while hearing the pleas concerning the Maharashtra Political Crisis expressed its concern over the court entering into the functioning of the speaker. In yesterday's proceedings, Senior Advocate Kapil Sibal, representing the Uddhav Thackeray faction, argued that members of the legislative assembly could not act independent of their. In yesterday's proceedings, Senior …

Supreme Court Constitution Political Court Party Speaker Uddhav Thackeray
Shiv Sena Case | Election Commission's Decision Lacks Logic, Encourages Defection : PDT Achary
1 year, 10 months ago

Shiv Sena Case | Election Commission's Decision Lacks Logic, Encourages Defection : PDT Achary

Live Law  

The Election Commission of India's decision to recognise Eknath Shinde's group as the official Shiv Sena lacks logic, opined PDT Achary, former Secretary General of Lok Sabha. Achary questioned the rationale of allowing the Election Commission of India to decide Shinde's claim when proceedings against anti-defection law were pending against him and his followers. Election Commission has departed from criteria …

Law India Democracy Constitution Political Constitutional Election
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 …

Justice Judgment Maharashtra Chief Justice Case Speaker Schedule
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 …

Supreme Court Constitution Political Court Party Speaker Uddhav Thackeray
Shiv Sena Rift | Supreme Court Constitution Bench Lists Matter On 14th February 2023
1 year, 11 months ago

Shiv Sena Rift | Supreme Court Constitution Bench Lists Matter On 14th February 2023

Live Law  

A constitution bench of the Supreme Court has listed the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups on 14th February 2023. Petition preferred by rebel Shiv Sena leader Eknath Shinde challenging the disqualification notices issued by the Deputy Speaker and plea filed by Bharat Gogawale and …

India Supreme Court Constitution Court Maharashtra Disqualification Chief Justice
SC to consider if Shiv Sena factional dispute needs to be referred to a seven-judge Bench
2 years ago

SC to consider if Shiv Sena factional dispute needs to be referred to a seven-judge Bench

The Hindu  

A five-judge Bench of the Supreme Court on December 13 said it will consider on January 10 whether the political battle between Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde over the “real” Shiv Sena needs to be referred to a larger Bench of seven judges. The lawyers argued that the three-judge Bench had raised “important constitutional questions relating to …

Constitution Court Power Judicial Review Sena Speaker House
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 …

India Supreme Court Maharashtra Shiv Sena Sena Speaker Uddhav Thackeray
'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 …

Supreme Court Constitution Court Maharashtra Disqualification Constitution Bench Election Commission
Uddhav-Shinde Dispute In Shiv Sena : Supreme Court Refers Petitions To Constitution Bench;
2 years, 4 months ago

Uddhav-Shinde Dispute In Shiv Sena : Supreme Court Refers Petitions To Constitution Bench;

Live Law  

The Supreme Court on Tuesday referred to a Constitution Bench the petitions filed by the rival groups of Shiv Sena in relation to the political developments in the State of Maharashtra.A 3-judge bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli referred the petitions to a 5-judge bench observing that important questions of constitutional. …

Supreme Court Constitution Maharashtra Disqualification Constitution Bench Petitions Election Commission
Uddhav vs Shinde : Supreme Court Asks Election Commission To Not Take Precipitative Action On "Real Shiv Sena" Claim
2 years, 4 months ago

Uddhav vs Shinde : Supreme Court Asks Election Commission To Not Take Precipitative Action On "Real Shiv Sena" Claim

Live Law  

A 3-judge bench of the Supreme Court on Thursday said that it will decide on referring the issues arising out of the rift in Shiv Sena political to a Constitution Bench. The bench also orally asked the Election Commission of India to not take any precipitative action on the claim raised by Eknath Shinde group for recognizing them as the …

India Supreme Court Court Maharashtra Election Party Election Commission
Supreme Court Weekly Round Up: July 17 To July 23, 2022
2 years, 4 months ago

Supreme Court Weekly Round Up: July 17 To July 23, 2022

Live Law  

Supreme Court Judgements Opportunity Of Hearing Not Required To Be Afforded To Army Officers Before Suspending Them Pending Court Of Inquiry : Supreme Court Case Stat: Col. Vineet Raman Sharda vs Union of India | 2022 LiveLaw 606 The Supreme Court observed that opportunity of hearing is not required to be afforded to army officers before suspending them pending the …

India Madhya Pradesh High Court Karnataka Tamil Nadu Kerala Delhi Supreme Court
Shiv Sena Crisis News LIVE Updates: In SC, Shinde Camp Snubs 'Man Who Can't Find 20 MLAs' Support; Legal Battle Likely to go to Larger Bench
2 years, 5 months ago

Shiv Sena Crisis News LIVE Updates: In SC, Shinde Camp Snubs 'Man Who Can't Find 20 MLAs' Support; Legal Battle Likely to go to Larger Bench

News 18  

The Supreme Court on Wednesday heard the pleas relating to the rebellion in Shiv Sena and said that some matters in the Uddhav-Shinde legal battle, if necessary, may go to a larger bench. Latest Updates in Sena Vs Sena Crisis: -Eknath Shinde Vs Uddhav Thackeray: All That Happened in Supreme Court Today The Supreme Court on Wednesday heard pleas relating …

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Shinde vs Thackeray : Who Is The Real Shiv Sena? 10th Schedule Clinches The Issue - PDT Achary | Full Text Of Interview
2 years, 5 months ago

Shinde vs Thackeray : Who Is The Real Shiv Sena? 10th Schedule Clinches The Issue - PDT Achary | Full Text Of Interview

Live Law  

PDT Achary, the former Secretary General of Lok Sabha, opined that the tenth schedule of the Constitution plays an important role in determining which faction can claim to be the real political party following a rift.In this regard, he referred to Explanation to the second paragraph of the tenth schedule of the Constitution, which says "an elected member of a …

Law Supreme Court Constitution Election Election Commission Shiv Sena Lok Sabha
Nabam Rebia Decision Should Be Reviewed As It Has Great Mischief Potential : PDT Achary
2 years, 5 months ago

Nabam Rebia Decision Should Be Reviewed As It Has Great Mischief Potential : PDT Achary

Live Law  

The law laid down by the Supreme Court in the 2016 case Nabam Rebia versus Deputy Speaker that a Speaker cannot initiate disqualification proceedings when a resolution seeking his removal is pending should be reviewed, said PDT Achary, former Secretary General of the Lok Sabha. The 5-judge bench held that "the words "passed by a majority of all the then …

Constitution Court Maharashtra Case Speaker House Notice