Majority Minority is Not Relevant if there is Split- Sibal.

Supreme Court of India
Maharashtra Crisis
AM Singhvi
Shiv Sena
CJI DY Chandrchud
Kapil Sibal
Uddhav Thackerey
Eknath Shinde
Tushar Mehta
The ‘real’ Shiv Sena
Law Role
📚 This Video is strictly for Legal Awareness & Education Purpose only
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📚 Video Topic :
🔥 Senior Advocate Kapil Sibal stated, "If there is a disqualification petition, that should be allowed to be decided," he was likely emphasizing the importance of allowing the proper legal process to unfold before any further political or legislative action is taken.
1. Disqualification Petition Context:
The Shiv Sena crisis involved a split within the party, leading to a situation where members of the legislative assembly (MLAs) aligned with the rebel faction (led by Eknath Shinde) faced disqualification petitions. These petitions were filed under the Tenth Schedule of the Indian Constitution, also known as the anti-defection law.
The disqualification petitions would have been submitted to the Speaker of the Legislative Assembly, who is responsible for deciding whether the MLAs violated the party’s directive and thus should be disqualified.
2. Sibal’s Argument:
Sibal’s statement underscores that before any further political decisions or actions are taken such as conducting a floor test, forming a new government, or recognizing a faction as the legitimate leadership the disqualification petitions should be resolved.
The reasoning is that the outcome of these petitions could significantly impact the composition of the Legislative Assembly and, consequently, the legitimacy of any subsequent actions taken within the Assembly.
3. Legal Principle:
Due Process: Sibal is advocating for due process, meaning that legal matters, especially those with serious implications like disqualification, should be settled before moving forward with political decisions.
Impact on Majority: The resolution of the disqualification petitions could affect which faction holds the majority in the Assembly. If disqualified, the rebel MLAs would lose their seats, potentially altering the balance of power.
4. Judicial Scrutiny:
Sibal’s statement implies that any attempt to bypass or rush the disqualification process could undermine the rule of law and lead to unfair outcomes. He may be cautioning against hasty decisions that ignore or sideline these important legal proceedings.
Courts have often emphasized the importance of deciding disqualification petitions expeditiously to avoid political manipulation and ensure that the democratic process is not distorted.
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