JOIN US'Real' Shiv Sena: Relief for Uddhav Thackeray camp as SC asks EC not to decide on Eknath Shinde's plea for now
In a relief to Uddhav Thackeray's group, the Supreme Court on Thursday orally asked the Election Commission not to decide on a plea made by Eknath Shinde's group to recognise them as "real Shiv Sena".
Shinde and his supporting MLAs have ousted Thackeray as Chief Minister and separately approached the EC for recognising them as Shiv Sena.
On Thursday, a three-judge bench presided over by Chief Justice N V Ramana asked the Election Commission not to take any precipitative action on the claim raised by Shinde group while the court decides on referring the legal issues to a larger bench.
The top court told the EC if Thackeray-faction seeks time to file response to its notices on Shinde-faction petition, then it should consider their request keeping in mind the views expressed by the court.
“Let them file affidavits. But can't you hold...? Let no precipitative action be taken….we are not passing any order. But at the same time don't take any precipitative action,” the bench, comprising Justices Krishna Murari and Hima Kohli, told senior advocate Arvind Datar, appearing for the EC.
Datar, for his part, submitted that disqualification proceedings under the Tenth schedule operated in a different territory and it does not affect the EC’s power to decide the claim of rival factions for official recognition.
The top court said it will decide by Monday whether to refer to a larger bench as questions of constitutional importance are involved in Maharashtra political scenario, caused by rebellion by Shinde group and subsequent developments.
Shinde faction moved the Election Commission seeking their recognition as the "real Shiv Sena" ahead of BMC polls. However, the Thackeray-faction challenged it saying that a few MLAs can't decide about the entire political party.
The matter before the top court arose out of a batch of petitions by rival factions, including those related to disqualification.
On Thursday, the court also took into record legal issues redrafted by senior advocate Harish Salve on behalf of Shinde for adjudication, including as to when a disqualification is incurred by a member of a political party.