The Supreme Court has also asked the Election Commission of India to refrain from deciding on Shinde’s demand to recognise his faction as the real Shiv Sena.
New Delhi: The Supreme Court of India on Tuesday transferred the petitions related to the political dispute in Maharashtra between the two factions of Shiv Sena to a five-judge Constitution bench. The matter will be heard on Thursday.
The pleas, filed in connection with defection, merger and disqualification of MLAs, is to sort out issues arising out of the clash between the two factions — one led by Uddhav Thackeray and the others by Eknath Shinde.
The Supreme Court has also asked the Election Commission of India to refrain from deciding on Shinde’s demand to recognise his faction as the real Shiv Sena so that the poll symbol is granted to his faction.
The bench, headed by Chief Justice of India N V Ramana and comprising Justices Krishna Murari and Hima Kohli, said, “List the matter before the Constitution bench the day after tomorrow and the bench will decide about the symbol related to the Election Commission proceeding at the beginning.”
Earlier, on July 20, senior advocate Kapil Sibal told the Supreme Court while appearing for the Uddhav Thackeray camp had said democracy is in peril and whatever happened in Maharashtra is a mockery of democratic institutions.
Representing Chief Minister Eknath Shinde and his faction, senior advocate Harish Salve said the argument does not fit where a CM (Uddhav Thakeray) is overthrown by his party members.
The bench, headed by the Chief Justice of India, had asked both the sides to file documents, compilations and replies by August 1 and had adjourned the matter. It had also directed the Maharashtra Speaker to not to deal with the MLA disqualification pleas till then. “I strongly feel some of these issues may require a larger bench,” the CJI had said.