Supreme Court Hearing: Shinde Sena Vs Shiv Sena

A three-judge bench of the Supreme Court on July 20 observed that the issues arising in the petitions filed concerning the Shiv Sena rift may have to be referred to a larger bench. CJI NV Ramana orally remarked during the hearing that critical constitutional issues arise in cases that may require adjudication by a larger bench. However, the CJI made it clear that he is not immediately constituting the bench and the parties must first come up with the preliminary issues.

The Supreme Court on Wednesday heard the preliminary arguments in the cases relating to a dispute between former Maharashtra CM Uddhav Thackeray and CM Eknath Shinde arising out of the rift within the Shiv Sena political party.
After hearing the senior lawyers appearing for both sides for around an hour, the bench adjourned the hearing till Thursday morning, asking Senior Advocate Harish Salve (who represented the Eknath Shinde faction) to re-draft the written submissions for more clarity.

A bench led by  Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli was hearing the petitions filed by petitioners belonging to Eknath Shinde and Uddhav Thackeray factions of the Shiv Sena party about disqualification proceedings, the election of Speaker, recognition of party whip, trust vote for Shinde Government in the Maharashtra assembly and proceedings initiated by the Election Commission of India on request made by the Eknath Shinde-led faction for their recognition as the ‘real’ Shivsena and their claim over the party’s election symbol – the bow and arrow.

A three-judge bench of the apex Court on July 20 had observed that the issues arising in the petitions filed concerning the Shiv Sena rift may have to be referred to a larger bench. CJI NV Ramana orally remarked during the hearing that critical constitutional issues arise in cases that may require adjudication by a larger bench. However, the CJI made it clear that he is not immediately constituting the bench and the parties must first come up with the preliminary issues.

Senior Advocates Kapil Sibal and Dr. Abhishek Manu Singhvi represented the Thackeray faction. Senior Advocates Harish Salve, Neeraj Kishan Kaul, and Mahesh Jethmalani appeared for the Shinde group. Solicitor General of India Tushar Mehta appeared for the Maharashtra Governor.

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