SC to consider if Shiv Sena factional dispute needs to be referred to a seven-judge Bench
The Hindu
The five-judge Bench led by Chief Justice D.Y. Chandrachud heard preliminary submissions made by both political factions, who urged the court to refer the case to a larger Bench.
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.
On August 23, a three-judge Bench of the court had referred the dispute to a Constitution Bench of five judges.
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On Tuesday, the five-judge Bench led by Chief Justice D.Y. Chandrachud heard preliminary submissions made by both political factions, who urged the court to refer the case to a larger Bench.
The lawyers argued that the three-judge Bench had raised “important constitutional questions relating to interpretation of Schedule 10 (anti-defection law) of the Constitution pertaining to disqualification, as well as the powers of the Speaker and the Governor and the power of judicial review”.
It had highlighted gaps in the court’s earlier judgment in Nebam Rebia relating to the power of the Speaker/Deputy Speaker to initiate disqualification proceedings, when proceedings for his or her own removal from office had been initiated.
The three-judge Bench had framed 10 questions of law for the Constitution Bench to consider and decide.
While residents are worried over deaths due to diarrhoea in Vijayawada, officials still grapple to find the root cause. Contaminated drinking water supplied by VMC officials is the reason, insist people in the affected areas, but officials insist that efforts are on to identify the disease and that those with symptoms other than diarrhoea too are visiting the health camps.