“Every Elected Government Of The Country Will Be Dissolved,” Says Uddhav Thackery’s Faction In The Supreme Court; Next Hearing To Be Conducted On August 1
New Delhi, 20th July 2022: The Supreme Court today witnessed a vigorous debate on the petitions challenging the disqualification of 16 Shiv Sena MLAs and the swearing-in of Eknath Shinde.
Advocate Kapil Sibal, appearing for the Uddhav Thackeray faction, said, “How the government was toppled was a mockery of democracy. The swearing-in was conducted even after the disqualification petition was pending. The petition for oath-taking could have waited till the decision was taken, but it was done in a hurry.”
Kapil Sibal argued, “If this matter is accepted, then every elected government of the country will be dismissed. This government is illegal and it has no right to continue.”
He further added, “If state governments are ousted in this way, then it is a threat to democracy. What is happening is like making fun of democratic institutions.”
Advocate Harish Salve, appearing for the Eknath Shinde faction, said, “This is not a case of defection. He said that if you do not go to any other party and question your leader, then what is wrong with it? The law of defection applies only when you go with some other party. Can someone who does not have the support of even 15 to 20 MLAs, be brought back to power. The CM had lost the majority. Party membership is not an oath of silence.”
He added, “The Supreme Court cannot be the deciding authority on the disqualification of MLAs. If a CM is evicted by his party people, then there can be no talk of the end of democracy.”
During the hearing, Chief Justice NV Ramanna said that these are constitutional matters, which need to be resolved.
The Supreme Court however refused to pass any order today and decided to hear the next hearing on August 1. The court has asked all the parties to file affidavits and their replies within a week.
