►अपनी क़ानूनी समस्या को 1 कॉल पर अभी सॉल्व करे (Legal Opinion)
Whats App https://wa.me/message/CNF4QLGUA6CNE1
Consult with Legal Shots Experts ► https://www.aapkaconsultant.com/legal...
Consult with Legal Expert Adv. Naman Mohnot ► https://www.aapkaconsultant.com/advoc...
______________________
►हमारे बनाये गए Legal Courses से जागरूक बने, Click here
https://link.labourlawadvisor.in/lega...

_________________________
►Description
Case Title Subhash Desai v. Principal Secretary, Governor of Maharashtra & Ors. | WP(C) No. 493/2022

A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said: “If the 2016 decision in Nabam Rebia (decided by a fivejudge bench) is accepted, the consequence is, as we have seen in Maharashtra, to allow free flow of human capital from one political party to the other. On the other hand, if the Speaker can still decide on the disqualification under the 10th Schedule (antidefection law), a consequence of that is that, essentially, where a leader has lost his or her flock, he can still hold them down to his group.” That ruling was in a case involving the then Speaker of the Arunachal Pradesh assembly.
The bench, also comprising justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha said, “It is a tough constitutional question to answer as the consequences of both positions have a very serious ramifications for the polity.”

The Court was considering the plea by the Uddhav Thackeray faction led by its chief whip Sunil Prabhu seeking a reference of the 2016 decision to a larger bench. Senior advocates Kapil Sibal and Abhishek Manu Singhvi appearing for the Thackeray faction claimed that the 2016 decision influenced the top court on June 27 to grant an extension of time till July 12 for the 16 rebel Shiv Sena MLAs facing a notice of disqualification to file their replies before the then Deputy Speaker Narahari Zirwal who was officiating as Speaker of the Maharashtra assembly.

The bench said that the Constitution prescribes only one disability against Speaker/Deputy Speaker under Article 181 which provides for his removal that he cannot preside when the motion of his removal is being considered, though he may participate in it.

As the arguments remained inconclusive, the Court adjourned the hearing to Thursday

Courtesy: Official Youtube Channel of Supreme Court of India
Disclaimer: This video has been made from the Live Hearing of the Supreme Court which is available on the Official Youtube Channel of the Supreme Court of India.
_________________________
► Related Videos
Live Hearing Supreme Court | Mr. Kapil Sibal Arguments | Shiv Sena | CJI Chandrachud’s Bench https://tinyurl.com/kx4j59ak
Live Hearing Supreme Court | Adv. Abhishek Singhvi Arguments | Shiv Sena | CJI Chandrachud’s Bench https://tinyurl.com/3f4etcp7
Live Hearing Supreme Court | Argument by Adv. Harish Salve I Shiv Sena https://tinyurl.com/ycx7c5m8
Live Hearing Supreme Court | Adv. Harish Salve & Neeraj Kishan Kaul I Shiv Sena https://tinyurl.com/yc6u2z3j
Live Hearing Supreme Court | Landmark Judgment on Election law of India I Modi Government https://tinyurl.com/4ay2cuzd
Live Hearing Supreme Court | Final Argument by Adv. Harish Salve I Shiv Sena I CJI Chandrachud https://tinyurl.com/mtvu6sst
Live Hearing Supreme Court | Final Argument by Adv. Mahesh Jethmalani I Shiv Sena I CJI Chandrachud    • Live Hearing Supreme Court | Final Ar...  
Live Hearing Supreme Court | Final Argument by Adv.Neeraj Kishan Kaul IShiv Sena ICJI Chandrachud https://tinyurl.com/5fs365av
_________________________
►Contact us
What's App ► +91 9251660907
Reach out ► https://www.aapkaconsultant.com/legal...
_________________________
►Follow Us
Website ► http://www.aapkaconsultant.com/
Facebook ► https://www.facebook.com/aapkaconsult...
Instagram ►   / legal_shots  
Linkedin ►   / aapkaconsultant  
_________________________
#legalshots #advocate #shivsena #livehearing Live #supremecourt