Mumbai: A case is going on in the Supreme Court regarding 'Whose Shiv Sena.' The hearing in the court could not be completed on Wednesday and now the matter will be heard tomorrow on Thursday. In tomorrow's hearing, the counsel will first argue on behalf of Eknath Shinde. The matter will be heard tomorrow at number one. Earlier, arguing on behalf of the Uddhav Thackeray faction, advocate Kapil Sibal said that even today, Shiv Sena president Uddhav Thackeray is there. Eknath Shinde has to form a new party or merge with another party.
Kapil Sibal said, “Now the important thing is that two-thirds of the people cannot say that they are the original political party. Para 4 (of the 10th Schedule) does not allow this." "They are arguing that they are the real party. While this is not allowed by law. Do they confess to the Election Commission that there has been a split? To this, Chief Justice NV Ramana said that separation is not a defence for them.
Sibal further said that the definition of "original political party" in the 10th Schedule refers to "original political party", in relation to a member of a House. Para 2 states, ''An elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election as such member.” He said that in the Karnataka Vidhan Sabha case, this Court held that party membership amount can be inferred from renunciation conduct. Here he was called for a party meeting, went to Surat and then to Guwahati. He wrote to the deputy speaker and appointed his whip. By conduct, he (Shinde group) has given up the party membership. They cannot claim to be the original party. The 10th Schedule does not allow this.
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