Maharashtra Politics : Hearing on power struggle On September 27, Maharashtra’s case came up in the business list

Maharashtra Politics :  The hearing of the power struggle in Maharashtra will be held on September 27 as decided by the Supreme Court. Maharashtra’s case is on the work list in the Supreme Court. The hearing will be held before a five-judge constitution bench headed by Justice Dhananjay Chandrachud. Maharashtra’s case is second in the Supreme Court on 27th. Initially, a decision is expected on whether to continue the proceedings of the Election Commission. 

In the hearing held on September 7, the Supreme Court had directed the Election Commission not to take any decision till the next hearing.  Therefore, the Supreme Court is likely to give an important order in the hearing to be held on September 27. 

Who is included in the bench of five judges? 
1. take Dhananjaya Chandrachud
2. Justice MR Shah
3. take Krishna Murari
4. Justice Himakohli
5. take P Narasimha

For the past two months Maharashtra‘s power struggle hearing is underway. The Shinde group had demanded that the Election Commission be allowed to proceed, but the Supreme Court rejected the demand and directed the Election Commission not to take any decision till the next hearing. 

A bench of five judges will decide on the issue
1. In the Nabam Rebia case, as per the provisions of the Tenth Schedule of the Constitution of India, which demanded the removal of the Speaker of the Legislative Assembly, does he have the right to act on the disqualification of the MLAs?

2. According to Article 226 and Article 32 of the Constitution, does the Supreme Court or the High Court have jurisdiction to decide on the disqualification of MLAs?

3. Does the court have the right to pass a decision on the disqualification of the MLAs even if the Speaker or the Deputy Speaker has not passed a decision on their disqualification?

4. What should be the order of business of the House when the disqualification petition of MLAs is being heard? 

5. What action should be taken if the President disqualifies a MLA on an earlier dated complaint under the Tenth Schedule, and the appeal against the decision of disqualification is pending? 

6. What was the effect of the omission of para 3 of the Tenth Schedule? (Accordingly a protected position is taken against a decision of disqualification citing a split in the party)

7. What is the authority of the Speaker in deciding the whip and the leader of the house?

8. What are the conflicting provisions in the Tenth Schedule?

9. Does a question internal to a party fall within the ambit of judicial review? What are the boundaries of judicial review?

10. What are the powers of the governor to invite a person to form the government? Are they subject to judicial review? 

11. What is the exact role of the Central Election Commission regarding the split in the party?

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