Uddhav Thackeray camp on Tuesday submitted before the Supreme Court that if a political crisis like Maharastra is permitted then it will have far-reaching consequences for the country as any government can be toppled.
Senior advocate Kapil Sibal appearing for Uddhav Thackeray camp told a bench of five-judge Constitution bench of Chief Justice DY Chandrachud, Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha that what happened was in Maharstra is bulk defection, which is needed to be prevented.
“If this is allowed by the court then any government can be toppled,” Sibal said adding that the other side may become the majority by the defection of the party, have a trust vote and topple the government. He also suggested a remedy that there which is to have a five-year period of no public post.
He also submitted that the opposite camp has no defence under the tenth schedule. Senior Advocate also submitted that if this menace is not cured then a split in the legislative party cannot be recognised as a split in a political party.
He also apprised the court that the purpose of the amendment was not to allow to destabilize of the government by bulk defection but that’s exactly what has happened here.
A five-judge Constitution bench was hearing a batch of petitions filed by rival factions Uddhav Thackeray and Chief Minister Eknath Shinde in relation to the Maharashtra political crisis.
The hearing in the matter would continue tomorrow. On 13 July 2016, a five-judge Constitution bench of the Supreme Court in the Nabam Rebia case held.
