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There was a fierce debate between Uddhav and Eknath Shinde faction in the Supreme Court

After the separation of Shiv Sena’s Eknath Shinde faction and Uddhav faction, an important hearing is being held in the Supreme Court regarding who is Shiv Sena. Kapil Sibal started the debate on behalf of Uddhav Thackeray. The CJI asked that we want to know that if 2/3 people leave a political party, will they have to form a new party? CJI asked whether the new group will have to be registered with the Election Commission? Or go to the speaker? Or will they have to join another party?
Kapil Sibal, on behalf of the Thackeray group, said that if they form a new party, they will have to register with the Election Commission, but if they merge with any other party, they will not have to register, but the issue is also of balance. 1/3 is still left in the party. 2/3 Can’t say that we are the party.
Sibal said that the rebel MLAs neither formed a separate party nor merged with any party. They are calling themselves the original party. By amending the constitution, many important conditions were added to the Anti-Defection Act, in which two-thirds members separate and join any other party or if the original party merges with any other party, then dissatisfied MLAs or MPs form a separate faction, only then they can change the party. Can stay out of the clutches of the restraining law.
Sibal said that there is also a situation of separation from the parent party. There is a law for each situation and the law says that they will only be recognized as a separate group, but not as a party, but they claim that they are political parties, but this is not true. He has given this statement before the Election Commission.
The CJI said that according to you, not attending the meeting is giving up the membership of the party. Sibal said that yes he has given up the membership. He has appointed a new whip. They have appointed a new leader.
Sibal said that you have come after being elected from the party, you should obey that political party. The rebels are meeting in Guwahati and saying that we are the real political party.
Sibal further said that what is being done today is using the Tenth Schedule to promote defection. If this is allowed, it can be used as such to topple any majority government. Is this the purpose of the Tenth Schedule?
Sibal: If you become disqualified you cannot even approach the Election Commission. You cannot even apply to the Commission, the Election Commission cannot do anything about it.
Sibal – If the rebel leaders become disqualified, then everything will become illegal. The formation of the government, Eknath Shinde becoming the chief minister and the decisions being taken by the government are also illegal.
After Sibal, now Singhvi started the debate. Abhishek Manu Singhvi said that the issue is very interesting. The only defense before him was merger, which he did not do.
Singhvi said that the Shinde group is not only running the government illegally in Maharashtra, but they even reached the Election Commission saying that they are the real Shiv Sena.
Singhvi – The matter is currently pending in the court and Shinde Group has filed a petition in the Election Commission which is completely wrong.
Singhvi – The constitutional indication of defection is so severe that it should not be recognized as a government. These are the fruits of a poisonous tree and should not be allowed to continue. Is the anti-defection law still in force or is it something that is still on paper? The only way to justify your wrongdoings is to fast track the proceedings of the Election Commission and get some recognition.
Harish Salve started the debate on behalf of a Nath Shinde faction
Harish Salve – Anti-defection law is not for a leader who has lost the confidence of his own party members and wants to keep them in power by somehow locking them down. Defection law does not apply in this case. This will happen when he leaves the party. This has not happened in this case. This is not anti party but intra party matter.
Salve said that the anti-defection law does not apply in this case, it will happen when he separates from the party. This has not happened in this case. Here there is intra-party difference, that is, there is a difference of opinion within the party. If many MLAs want a change in leadership, then it will not be called anti-party. These are internal differences.

Salve- We are one party here. We never said there is a new political party. We are not saying that there are 2 Shiv Senas. We are saying that there are two factions in the same Shiv Sena. A leader has lost the confidence of party members. We have only raised our voice against the leadership. We just said you can’t be a leader. Not two Shiv Sena but two different factions with two different leaders. There have been changes within the party. There is a factual dispute on various issues. The basic premise of the anti-defection law is that when you leave your party. No one found that there is a disqualification. The Thackeray faction claims disqualification notices etc., but no one has been disqualified so far. Not attending any meeting held outside the House is not a ground for defection.

The CJI asked – So you mean that once you are elected, there is no point in a political party?
Salve – Discontent within the party is not the basis for defection. We confuse political parties with leaders. such party and leader
CJI- Can you say that CM refused to meet us so we formed a new political party?
Salve- We never said that there is a new political party. We are not saying that there are two Shiv Senas. We are saying that there are two factions in the same Shiv Sena.
Salve- We are one party here. We never said there is a new political party. We are not saying that there are two Shiv Senas. We are saying that there are two factions in the same Shiv Sena. A leader has lost the confidence of party members.

We have only raised our voice against the leadership. We just said you can’t be a leader. Not two Shiv Sena, but two different factions with two different leaders. Salve said that there cannot be two real parties. There can be only one leadership in the party, that is us.

Salve- The disqualification has nothing to do with the action being taken in the Election Commission. That hearing is different and this hearing is different.

What is your purpose of visiting CJI-EC?

Salve- BMC elections are about to come, so he has gone so that it can be decided which is the real party.

CJI: Who came to court first?

Salve-We had come because the Speaker was not in the House for many years. The Deputy Speaker could not take a decision immediately. The court stayed the disqualification proceedings. Have I given up my membership of a political party? No, just because I did not attend any party meeting outside, it does not mean that I am no longer a member of the party.

Salve – Our case on disqualification was different. A motion was moved against the Deputy Speaker.

Salve- He wants the Speaker to be stripped of all powers and wants to make the Supreme Court a defection tribunal. This is unprecedented. This is not where the test should be.

CJI told Salve- The way your arguments are progressing, you are saying that you filed a petition in the Supreme Court, then the Supreme Court stayed the disqualification.

Salve- No, it is not so.

CJI – We cannot say that everything has become ineffective now, a clear decision has to be taken on these issues.

NK Kaul started the debate for Shinde faction.

CJI asked – You came here first, we had said in the Karnataka case that this matter should go to the High Court

NK Kaul starts debate for Shinde faction

CJI- In the verdict, we had said that let the speaker decide first, after that the court can review

CJI asked Shinde faction – you came to court first and got time, but now you say that Thackeray faction cannot come to court, whatever they are saying has become ineffective now.

Salve- We are not saying this.

The CJI said that suppose the Speaker takes disqualification action on a complaint against the MLAs, then any MLA will issue a no-confidence notice against the Speaker in response. This issue has to be fixed. First you come to the court and now you are telling the case ineffective.
Salve – We are not saying this.

Salve – We have not left the party. Somebody or the other has to decide our case. Let the speaker decide it.

Neeraj Kishan Kaul – Uddhav faction has filed an application in the court not to take action in the EC case, which is not right. The EC has to decide who will have the party’s symbol.
Kaul- EC should be allowed to continue the hearing in this matter. Both the cases are different.

Mahesh Jethmalani from Shinde faction said – New government has been formed. Uddhav Thackeray has resigned. Now only the matter of disqualification remains but the question arises who will decide this?

The Supreme Court will continue the hearing in the Maharashtra case on Thursday. Salve will give his arguments on behalf of the Shinde faction.