The Thackeray group had urged the top court to stop the Election Commission from deciding who forms the real Shiv Sena and its symbol. The court gave a decision after hearing the case.
New Delhi: The Uddhav Thackeray faction of Shiv Sena got a huge setback on Tuesday as the Supreme Court refused to stop the Election Commission (EC) from deciding which faction is the real Shiv Sena. There was a fight between Thackeray camp and Eknath Shinde-led camp over the real Shiv Sena and the matter was being heard by the Supreme Court’s constitution bench.
The Thackeray group had urged the top court to stop the Election Commission from deciding who forms the real Shiv Sena and its symbol. The court gave a decision after hearing the case.
The Supreme Court on Tuesday live streamed a hearing of its constitution bench for the first time. Live streaming of the matter pertaining to the Maharashtra political crisis on several petitions filed by both the factions of the Shiv Sena – led by Uddhav Thackeray and Eknath Shinde was conducted by the apex court. The constitution bench was headed by Justice DY Chandrachud as the court had in August referred the case relating to the claim over Shiv Sena to a Constitution bench.
The Supreme Court had on August 23 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 had 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.
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.
