Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

Maharashtra political crisis: SC refers petitions filed by Shiv Sena, Eknath Shinde to constitution bench

PTI
Updated: August 23rd, 2022, 18:59 IST
in Home News, National
0
Petition under Article 32 can't be maintained to challenge binding verdict of apex court: SC
Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: The Supreme Court Tuesday referred to a five-judge bench the petitions filed by the Shiv Sena and Maharashtra Chief Minister Eknath Shinde raising several constitutional questions related to defection, merger and disqualification.

The top court ordered the listing of petitions before the constitution bench on Thursday and directed the Election Commission not to pass any orders on Shinde faction’s plea that it be considered the real Shiv Sena and granted the party’s poll symbol.

Also Read

RFP opens for six fast patrol boats with 60 percent indigenous content

RFP opens for six fast patrol boats with 60 percent indigenous content

17 hours ago
Ellection Commission Office

EC meets state poll chiefs to finalise nationwide voter cleanup

17 hours ago

A bench headed by Chief Justice N V Ramana said the batch of petitions raise important constitutional issues relating to the 10th schedule of the Constitution pertaining to disqualification, power of the Speaker and Governor and judicial review.

The apex court said the proposition of law laid down by the constitution bench in the Nabam Rebia case relating to 10th schedule stands on a contradictory reasoning which requires gap filling to uphold constitutional morality.

“The matters raise important issues which need consideration by a five-judge constitution bench. List the matter before the constitution bench the day after tomorrow and the bench will decide about the symbol related to the Election Commission proceeding at the beginning,” the bench also comprising Justices Krishna Murari and Hima Kohli said.

The top court asked the constitution bench to look into constitutional issues whether notice for removal of speaker restricts him from continuing with disqualification proceedings, whether a petition under Article 32 or 226 lies against disqualification proceedings, can a court hold that member is deemed to be disqualified by virtue of his/her actions, what is status of proceedings in the house pending disqualification petitions against the members.

The bench was hearing pending cases related to the recent political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) government in the state.

The Tenth Schedule of the Constitution provides for the prevention of defection of the elected and nominated members from their political party and contains stringent provisions against defections.

The Uddhav Thackeray faction of the Shiv Sena had earlier submitted that party MLAs loyal to Maharashtra Chief Minister Eknath Shinde can save themselves from disqualification under the Tenth Schedule of the Constitution only by merging with another political party.

The bench had asked the Shinde faction to redraft the legal issues of split, merger, defection and disqualification raised in petitions filed by the Thackeray camp that are to be adjudicated upon following the recent political crisis in Maharashtra.

The Shinde group had said the anti-defection law is not a weapon for a leader who has lost the confidence of his own party to lock his members and somehow hang on.

PTI 

Tags: constitution benchEknath ShindeMaharashtraShiv-senaSupreme Court
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Jyotshna Mayee Pattnaik

December 12, 2019
#MyPaperBagChallenge

Sisirkumar Maharana

December 12, 2019
#MyPaperBagChallenge

Akshaya Kumar Dash

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Archit Mohapatra

December 12, 2019
#MyPaperBagChallenge

Adyasha Priyadarsani Sendha

December 12, 2019
#MyPaperBagChallenge

Mandakini Dakua

December 12, 2019
#MyPaperBagChallenge

Lopali Pattnaik

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Ipsita

December 12, 2019
#MyPaperBagChallenge

Nishikant Rout

December 12, 2019
#MyPaperBagChallenge

Saishree Satyarupa

December 12, 2019
#MyPaperBagChallenge

Chinmay Kumar Routray

December 12, 2019
#MyPaperBagChallenge

Parbati Mohanty

December 12, 2019
#MyPaperBagChallenge

Matrumangal Jena

December 12, 2019
#MyPaperBagChallenge

Mrutyunjaya Behera

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Narendra Kumar

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Archana Parida

December 12, 2019
#MyPaperBagChallenge

Anshuman Sahoo

December 12, 2019
#MyPaperBagChallenge

Rajashree Manasa Mohanty

December 12, 2019
#MyPaperBagChallenge

Smitarani Sahoo

December 12, 2019
#MyPaperBagChallenge

Bijswajit Pradhan

December 12, 2019
#MyPaperBagChallenge

Jhili Jena

December 12, 2019
#MyPaperBagChallenge

Tabish Maaz

December 12, 2019
#MyPaperBagChallenge

Vandana Singh

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar Ghibela

December 12, 2019
#MyPaperBagChallenge

Praptimayee Biswal

December 12, 2019

Archives

Editorial

Xi’s Purges

Brahma Chellaney
October 23, 2025

Brahma Chellaney During his 13 years in power, Xi Jinping has steadily tightened his grip on all levers of authority...

Read moreDetails

Behold Gen Z

GenZ
October 22, 2025

A new wave of political movements without any so-called ideological underpinning except for deafeningly noisy demands for basic citizens' needs...

Read moreDetails

Trumpian Dilemma

October 20, 2025

After showing admirable and decisive toughness in defusing the crisis in the Middle East, US President Donald Trump has been...

Read moreDetails

Empty Ambition

Rights & Restrictions: AAKAR PATEL
October 19, 2025

When was the last time you read or saw something about India and the G20? And what do you recall...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST