The Supreme Court on Thursday asked Election Commission not to pass any order on the dispute as to which faction, Eknath Shinde’s or Uddhav Thackeray’s, represents the original Shiv Sena till further orders. The apex court also directed the Election Commission that if the Thackeray-led faction seeks time to file response to its notices on Shinde faction’s petition, it should consider their request.
“We will decide whether to refer to a five-judge bench the constitutional questions on disqualification of MLAs arising from Maharashtra political imbroglio because of rebellion within Shiv Sena that led to toppling of MVA government headed by Uddhav Thackeray,” observed the three-member bench headed by CJI Justice. The other members of the bench are Justices Krishna Murari and Hima Kohli.
The apex court was hearing a plea of the Thackeray-led camp of Shiv Sena seeking stay on the proceedings by the Election Commission on the petition submitted by the Shinde faction for recognition as the ‘real’ Shiv Sena. Subhash Desai, general secretary of the Thackeray-led Shiv Sena, had on Monday filed a petition in the Supreme Court challenging the Election Commission’s proceedings saying that the election watch-dog cannot decide the matter since the cases are pending before the Supreme Court.
Desai in his petition has said that if the Election Commission is allowed to move ahead with the proceedings initiated by it on 22 July, it would not only precipitate issues but also impede the consideration by the Court. It would also cause irreparable injury to the petitioner as the Shinde faction is by way of proceedings before the Election Commission seeking to alter the status quo.
On July 22, the Election Commission had issued a notice to the Thackeray-led faction wherein the commission had stated that Shinde and some other persons have sought to be recognised as the ‘real’ Shiv Sena and are claiming right over the party’s election symbol, bow and arrow, the application said. The commission had sought Thackeray camp›s response by 8 August.
The top court would take a call on Monday next week to refer the issue to a lager five-member bench to address the constitutional questions involved in the case.