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- Shiv Sena MLA Disqualification Case Hearing Update | Uddhav Thackeray Eknath Shinde
Mumbai17 minutes ago
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In June 2022, some Shiv Sena leaders had rebelled and formed the government in the state with BJP, regarding this Uddhav Thackeray had filed a petition for disqualification of the MLAs.
Assembly Speaker Rahul Narvekar is hearing the case of disqualification of MLAs in Maharashtra on Wednesday. In this, Shinde group’s lawyer Mahesh Jethmalani is questioning and answering Shiv Sena (Uddhav) leader Sunil Prabhu. Uddhav Thackeray’s lawyer Devdutt Kamat is also present.
During this, many evidences including affidavits, emails, copies of news and WhatsApp chat screenshots were presented before the Speaker by the Thackeray faction to claim the election symbol. In one of these affidavits, it was told that Uddhav Thackeray was made the party chief of Shiv Sena from 2013 to 2018 and from 2018 to 2023. This information was given to the Election Commission through an official letter, which was accepted by the Commission on 5 March 2018.
The hearing will be held continuously from November 22 to November 24 and after a three-day break from November 28 to December 3. Narvekar will have to complete the hearing of this case by December 31.
Read the cross examination that took place during the hearing…
Mahesh Jethmalani– What was the date of counting of votes for the Legislative Council?
Sunil Prabhu – I do not remember this date, it is on record that, as far as I know, the counting of votes was done on the 20th at 8.30 pm.
Jethmalani– What time did you prepare the whip?
Sunil Prabhu- The votes had been counted. The matter of disappearance of MLAs was coming to light. It was 11 o’clock at night while preparing the whip on 20th June. So I put the next date i.e. 21st June on the whip.
Jethmalani– How did you give whip to the MLAs?
Sunil Prabhu– I immediately gave the whip to the MLAs who were in front of me that day and took many MLAs to their residence. But the MLAs we were not able to trace. Sent him a whip on WhatsApp.
Jethmalani– To which MLAs did you issue whip that day?
Sunil Prabhu– I can’t remember the names at this moment.
Jethmalani– The things that have been said in the affidavit and the answers that are being given during cross examination. There seems to be a contradiction in it.
Sunil Prabhu– Many MLAs were present that day. In the petition given by me, the names of the MLAs are on page numbers 11,12,13 and 14.
(After this Sunil Prabhu took the names of the MLAs to whom he was given the whip)
Sunil Prabhu– We have written answers and signatures of all those MLAs. All these MLAs were also present in the meeting with me on 21 June 2022.
Jethmalani (From the speaker)- 20 June 2022 The MLAs to whom the whip was given in their personal form. Did you get it written from those MLAs that they have received the whip? Sunil Prabhu’s statement that he has written answers/signatures of all the MLAs is a lie.
Jethmalani– At that time i.e. June 20, 2022, did the Shiv Sena party chief ask you to issue a whip to all the MLAs or to issue a notice?
Lord– Shiv Sena (Uddhav) party chief had asked me to call an immediate meeting of MLAs and issue a whip for this.
Jethmalani– I want to understand whether the person who issues the whip in Shiv Sena party also accepts it?
Sunil Prabhu– Yes… If I issue the whip, I will have to acknowledge it myself. Whoever has given the whip being a member of the legislature. He himself has to accept the whip. This is part of the process.
Jethmalani– Do you believe that you accepted the whip?
Sunil Prabhu– I told you earlier also that after I sign the whip, the employees present in the party office deliver the copy of the whip to the MLAs. I also got a copy of the whip from the office employee and then later I acknowledged the whip and then gave the whip back to the same employee.
Hearing took place on Tuesday also
Earlier on Tuesday, Uddhav faction’s Chief Whip Sunil Prabhu testified before Speaker Narvekar. Shinde group’s lawyer Mahesh Jethmalani tried to corner Sunil Prabhu on many issues.
Jethmalani asked Prabhu why the allegations made against BJP in the petition were not mentioned in the affidavit dated November 18, 2023? The hearing was held regarding the Shiv Sena-BJP alliance contesting the 2019 assembly elections and the allegations made in the petition against the Shinde faction and the BJP.
It should be decided which development is unconstitutional – Narvekar
At the same time, Maharashtra Assembly Speaker Rahul Narvekar on October 17, on the petitions demanding disqualification of rebel Shiv Sena MLAs, said that there is a need to ensure which development is considered unconstitutional.
A 3-judge bench headed by the CJI is hearing the Maharashtra MLA disqualification case.
The Supreme Court had expressed displeasure on 13 and 17 October
The case of disqualification of MLAs in Maharashtra was heard in the Supreme Court on 13 October. The court had expressed displeasure at the Maharashtra Speaker over the continuous delay in this case. The court said that someone should explain to him (Speaker Rahul Narvekar) that he will not be able to violate our order. Any action cannot be mere show off.
After this, on October 17, the Supreme Court asked to give the last chance to Assembly Speaker Rahul Narvekar. The top court said that the Speaker should set a realistic deadline to take a decision on the petitions filed by the opposition faction (Uddhav Thackeray). Disqualification petitions need to be decided quickly.
Supreme Court had left the decision of membership to the Speaker
On May 11, the Supreme Court had given its verdict on the disqualification of 16 rebel MLAs of Eknath Shinde faction. In this, the court had left the decision on the membership of rebel MLAs to the Speaker.
At the same time, Uddhav Thackeray faction leader Sunil Prabhu had filed a petition in the Supreme Court and appealed to reconsider the matter. He had argued in the petition that the Speaker of the Assembly was deliberately postponing the matter.
Last year Eknath Shinde had rebelled
Shiv Sena leader Eknath Shinde had rebelled against the party in June 2022. After this, Shinde formed the government in the state along with BJP and himself became the Chief Minister. After this Shinde staked his claim on Shiv Sena.
On 16 February 2023, the Election Commission accepted the Eknath Shinde faction as the real Shiv Sena. Also, Shinde faction was given permission to use the name and symbol (bow and arrow) of Shiv Sena. The Uddhav faction had challenged the Election Commission’s decision in the Supreme Court.
Read the story of the most important days of this incident…
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Supreme Court gives last chance to Maharashtra Assembly Speaker: Said- fix the deadline for MLA disqualification case; SG said- I will see personally during Dussehra holidays
In the case of disqualification of MLAs in Maharashtra, the Supreme Court on Tuesday 17 October said that it will be given a last chance to Assembly Speaker Rahul Narvekar. The top court said that the Speaker should set a realistic deadline to take a decision on the petitions filed by the opposition faction (Uddhav Thackeray). Disqualification petitions need to be decided quickly. Read the full news…
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