The Supreme Court on Friday refused to refer pleas related to the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment.
The Supreme Court on Thursday reserved its verdict on the issue whether pleas related to the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division be referred to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment.
The Uddhav Thackeray-led faction of the Shiv Sena urged the Supreme Court on Tuesday to refer the cases related to the Maharashtra political crisis to a seven-judge bench for reconsideration of a 2016 judgment on powers of assembly speakers to deal with disqualification pleas.
The speaker of Parliament or a legislative assembly can decide on the notice seeking his recusal from dealing with disqualification pleas of lawmakers subject to judicial review and can ascertain whether such applications are bona fide or intended only to evade disciplinary action, the Supreme Court said on Thursday.
The dramatic development came a day after they "impeached" Speaker Nabam Rebia in a make-shift "assembly" premises in a community hall.
The Supreme Court said on Wednesday the issues related to the Maharashtra political crisis, triggered by the differences in the Shiv Sena, are "tough" constitutional questions to decide as they have "very serious" ramifications for the polity.
The Supreme Court on Wednesday rejected the suggestion of the Uddhav Thackeray faction of the Shiv Sena to decide the disqualification proceedings pending against Maharashtra Chief Minister Eknath Shinde and MLAs belonging to his camp, saying it cannot assume the role of the speaker as doing so will have "serious ramifications".
Rebia seeks review of a portion of the judgement dealing with the power of the speaker.
The ministry of Home Affairs, in the affidavit, said Chief Minister Nabam Tuki and Speaker Nabam Rebia have been playing communal politics against the Governor, who in his reports had recommended imposition of President's Rule in the state by elaborating the sequence of events leading the Congress government becoming a minority.
On Thursday, the MLAs met at a local hotel to adopt a motion of 'no-confidence' against the chief minister and elect another dissident Congress MLA, Khaliko Pul, in his place.
The Union Cabinet on Sunday recommended imposition of President's Rule in Arunachal Pradesh, which is facing a political turmoil.
The apex court asked what difference would it have made if the sitting was held as originally scheduled.
Shiv Sena leader Eknath Shinde could not have been sworn in as the chief minister of Maharashtra if the assembly speaker was not restrained from deciding the disqualification petitions pending against 39 MLAs, the Supreme Court said on Wednesday.
A day after the Uddhav Thackeray faction submitted a plea before Deputy Speaker Narhari Jhirwal to disqualify the rebel MLAs, the Ekanth Shinde faction on Friday gave a notice of no-confidence motion against the deputy speaker.
The Supreme Court on Thursday virtually paved the way for government formation in Arunachal Pradesh by vacating its order on maintenance of status quo.
The following are the highlights of the Supreme Court verdict in which a five-judge Constitution bench unanimously held on Thursday that it cannot restore the then Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray as the former chief minister resigned without facing a floor test in June last year.
The Governor has no discretion and at best he can confer with the chief minister for change of date to hold the session.
The Supreme Court kept in abeyance the disqualification proceedings before the Deputy Speaker of the Maharashtra Assembly till July 11 and sought responses to pleas by rebel MLAs questioning the legality of notices seeking their disqualification.
However, Tuki, who led a Congress government that fell in January after the controversial role played by Governor J P Rajkhowa, said that he needed time to face the floor test.
In the petition, there has been a challenge to the report and the recommendation of the Union Cabinet for promulgation of President's Rule in the state.
The Supreme Court on Thursday referred to a Constitution bench a bunch of petitions arising out of certain orders passed by the Gauhati high court in the ongoing political battle in Arunachal Pradesh.
The verdict will be delivered by a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud.
Following is the chronology of events in the Arunachal Pradesh crisis in which the Supreme Court on Wednesday ordered restoration of the dismissed Congress government by quashing all orders and decisions of the governor taken since December 9, 2015:
The Supreme Court on Thursday held the Maharashtra governor was not justified in calling upon then chief minister Uddhav Thackeray to prove his majority in the assembly on June 30 last year but refused to order the status quo ante, saying he did not face the floor test and resigned.
The apex court also ordered the Election Commission of India not to decide till August 25 the application filed by Maharashtra's Chief Minister Eknath Shinde camp for recognition as the 'real Shiv Sena' party and allotment of the bow and arrow symbol to it.
The Supreme Court will hear a batch of pleas on the Maharashtra political crisis filed by the Shiv Sena factions led by Uddhav Thackeray and Eknath Shinde on November 29, when it is likely to issue some directions.
n fast-changing developments, Khaliko Pul, rebel-turned chief minister, who was unseated by the Supreme Court, returned to the party fold with 30 dissident MLAs.
Kapil Sibal listed out legal questions, including the governor's power to convene the assembly session without aid and advice of the government, for adjudication by a five-judge constitution bench headed by Justice J S Khehar.
Former Arunachal Chief Minister Nabam Tuki on Thursday filed a fresh petition in the Supreme Court challenging imposition of president's rule in the state.
A five-judge Constitution bench of the Supreme Court on Wednesday said it will hear on September 27 an application by the Uddhav Thackeray-led faction seeking to restrain the Election Commission from deciding on the claim of Maharashtra Chief Minister Eknath Shinde-led group over the "original" Shiv Sena.
The Supreme Court on Tuesday allowed the Election Commission to go ahead with the hearing of Maharashtra Chief Minister Eknath Shinde group's plea seeking recognition as the real Shiv Sena and allocation of the party's bow-and-arrow poll symbol to it.
The Supreme Court on Tuesday took note of the Eknath Shinde faction's claim about the Uddhav Thackeray camp stalling the proceedings before the poll panel where the former's application staking claim over the Shiv Sena and its symbol is pending, and said it will consider listing its plea before a Constitution bench.
The Shiv Sena (UBT) has once again knocked on the doors of the Supreme Court seeking a direction to the Maharashtra assembly speaker to expeditiously adjudicate the disqualification petitions filed against Chief Minister Eknath Shinde and other Sena MLAs, who had tied up with the Bharatiya Janata Party to form a new government in June 2022, in a time-bound manner.
The Centre said the reports of the governor mention that law and order situation has been deteriorating every passing day and there was 'total collapse' of the law and order machinery.
Syed Firdaus Ashraf lists seven states where the Grand Old Party suffered a severe setback.
Tuki met Governor Tathagata Roy on Friday and sought the postponement of the floor test.
The SC recalled the notice to Arunachal Pradesh Governor Jyoti Prasad Rajkhowa seeking his report to the President recommending central rule.
Dissident Congress leader Kalikho Pul was on Friday night sworn in as chief minister of Arunachal Pradesh after more than two months of political crisis, shortly after the Supreme Court paved the way for government-formation and President's rule was lifted from the state.
Minister of State for Home Kiran Rijiju had said the cabinet was forced to take the decision because of a constitutional breakdown as six months had lapsed between two sessions of the state assembly.
The Supreme Court on Wednesday agreed to hear at 5 pm the plea of Shiv Sena chief whip Sunil Prabhu challenging the Maharashtra governor's direction to the Uddhav Thackeray-led Maha Vikas Aghadi government to take floor test in the assembly on Thursday.
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