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Lokmat News Network, New Delhi: The opposition parties led by Uddhav Thackeray wanted the Speaker to take away the powers of the Election Commission. However, differences are a feature of democracy, and the Shiv Sena did not split. The Prime Minister managed to avoid the majority test. That means they don’t have a majority, Shinde’s group lawyer Neeraj Kishan Kaul argued on Tuesday. Kaul made this argument during the Supreme Court hearing on the power struggle in Maharashtra.
Kaul y Chief Justice DY Arguing before the Constitution Bench led by Chandrachud, the nine judge Constitution Bench said in its judgment in 1994 that the majority test is the litmus test of democracy and the Prime Minister cannot deviate from it. Kail also said in his argument that if the Prime Minister avoids the responsibility of facing the majority test, it means that he does not have a majority in the House.
‘The governor can ask for a majority to be proved’
Justice Narasimha told Kaul that the difference between division and rival factions is very subtle. The President must take decisions on the basis of documents such as signatures of MLAs. Kaul said Shiv Sena had not split because of the actions of a faction of the party led by Shinde. Disagreement is a hallmark of democracy. The President only makes a prima facie decision about disqualification; But Uddhav Thackeray’s group is asking the President to grab what he doesn’t have. However, the Governor may direct to prove the majority in the House. Senior advocate Mahesh Jethmalani who is also appearing on behalf of the Shinde group said that there is great dissatisfaction not only among the party workers but also among its MLAs.
Conspiracy to usurp the powers of the Electoral Commission
The Thackeray group wanted the Speaker of the Assembly to usurp the powers of the Election Commission. During the political crisis in the state, the governor ordered the majority to be tested. At that time, Kail claimed that the Thackeray group wanted the Speaker of the Assembly to usurp the powers of the Election Commission. The Governor cannot entertain sitting in the Raj Bhavan. But, an order can prove the majority in the Legislature.
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Web title: CM avoids the majority test which means he doesn’t have majority there was no split in shinde group shiv sena claim in supreme court
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