Shinde vs Uddhav: SC refers case on 'real' Shiv Sena to larger bench

The apex court also asked the EC not to take any decision till Thursday on the Shinde’s faction claim as it being the official Shiv Sena

The Supreme Court on Tuesday referred to a Constitution Bench the adjudication of the legal issues arising out of the political crisis in Maharashtra caused by the split within Shiv Sena.

The rebellion by Eknath Shinde, and a handful of other Shiv Sena MLAs in July, led to the fall of Uddhav Thackeray-led Maha Vikas Aghadi government in Maharashtra, and taking over of the dispensation by Shinde.

A three-judge bench of the apex court, presided over by Chief Justice N V Ramana, said a five-judge Bench would hear the matter involving important constitutional issues on Thursday, August 25.

The bench would also decide on the allotment of the ‘bow and arrow’ party symbol of Shiv Sena to Shinde, as his group claimed to be the real Shiv Sena.

The apex court also asked the Election Commission not to take any decision till Thursday on the Shinde’s faction claim as it being the official Shiv Sena.

Senior advocate Kapil Sibal, representing the Thackeray group, asked the Supreme Court to restrain the Election Commission from deciding on Shinde’s claim.

The Supreme Court bench also noted that the Constitution bench would have to examine the gap left behind by the ruling in the ‘Nabam Rebia Vs Deputy Speaker’ case, with regard to the deputy speaker’s power to initiate disqualification proceedings.

The apex court bench said it was important to highlight the power of deputy speaker to initiate disqualification proceedings, when a plea for his removal has been pending against him.

The court said that the Constitution bench would also consider the scope of the power of the Speaker, and the Election Commission of India, following the rift in the party.

On August 4, the court had verbally asked the Election Commission not to decide on a plea made by Shinde’s group to recognise it as the real Shiv Sena.

The matter came before the top court after a batch of petitions was filed by rival factions of the party, including those related to disqualification, and the Governor’s decision to invite Shinde to form the government in Maharashtra.