Supreme Court Asks EC Not To Decide Shinde Faction's Plea To Be Considered Real Shiv Sena, May Refer Issue To Constitution Bench
The Supreme Court today directed the Election Commission, as an interim measure, not to take any decision for now on the Eknath Shinde faction's plea that it be considered the real Shiv Sena and be granted the party poll symbol.
The Bench comprising of Chief Justice N. V. Ramana, Justice Krishna Murari and Justice Hima Kohli said that it would take a call by Monday on referring the matters related to the recent Maharashtra political crisis to a Constitution Bench.
"We will decide whether to refer the matter to the 5-judges constitution bench," the Bench said.
Yesterday the Court considered the issues to be decided in the cases, as suggested by the parties. It was submitted by the Uddhav Thackeray Faction that the actions of the Shinde Group mean that they have defected from the party and have violated the 10th schedule and thus are liable to be disqualified. Whereas countering the arguments of the Thackeray Faction, the Eknath Shinde Faction submitted that they have not left the political party and it is an intra-party issue that is being raised by them. The Court later directed Senior Advocate Harish Salve to reframe the issues for better clarity, and adjourned the matter.
The Court had previously directed the parties to file convenience compilations in the matter and to suggest the main issues that arise in the matter. The Court was of the opinion that there may be certain issues that would require the consideration of a larger bench. The Court had on an earlier occasion asked the Speaker of Maharashtra not to proceed with disqualification proceedings of the Shiv Sena MLAs.
The Apex Court had on June 27 stayed the disqualification proceedings against the rebel MLAs of Shiv Sena before the Deputy Speaker and had sought the responses of the State Government and the other Respondents.
The Supreme Court's vacation bench comprising of Justice Surya Kant and Justice J. B. Pardiwala had on June 29 refused to stay the floor test on the petition filed by the Shiv Sena Chief Whip Sunil Prabhu, which was held on June 30 as per the directions of the Governor of Maharashtra. The Supreme Court had also in the same hearing allowed the applications filed by MLAs Anil Deshmukh and Nawab Malik, who are in judicial custody, to cast their vote in the floor test.