SC asks EC not to take decision on Shinde camp’s to be real Sena
New Delhi: The Maharashtra political crisis that began with the flight of 40 Shiv Sena legislators, led by Eknath Shinde from the Maharashtra Vikas Aghadi government triggering the resignation of Uddhav Thackeray as chief minister, has gone to the Supreme Court. On the first day of the hearing of the case on Wednesday, the Apex Court pulled up the Shinde camp.
On Thursday, the court asked the Election Commission (EC) not to take any decision on the Shinde camp’s claim to be the real Shiv Sena. The court also strongly countered suggestions from rebel Sena MLAs, saved from possible disqualification prior to the fall of MVA government on SC intervention, that Maharashtra assembly Speaker and not the apex court should adjudicate on the disqualification issue.
The bench said, “You (the rebels) came to the court first and were protected. Entertaining that petition is contrary to the SC judgement in the Karnataka case where we ruled that it is the Speaker who should decide such issues. Now that you have garnered a majority and have elected your MLA as Speaker, you want the issues to be decided by the Speaker.”
The bench headed by Chief Justice of India (CJI) Justice NV Ramana and comprising Justices Krishna Murari and Hima Kohi said that they would take a call by Monday on whether the matter of the Maharashtra political crisis will be sent to a larger bench. Although the Election Commission had fixed August 8 to hear the claim of Eknath Shinde faction, the court said, “Let no precipitative action be taken…we are not passing any order. But at the same time do not take any precipitative action.”
Senior lawyer Kapil Sibal, appearing for the Uddhav faction, said the Shinde faction had nothing to show that these legislators had left the party. The Election Commission was also present at the hearing. They said the EC is bound to decide if a claim is raised by a group.
Nevertheless, Harish Salve, representing the Shinde camp, said that the anti-defection law is not the weapon of a leader who has lost the confidence of his own party members and he is trying to lock them up.
Shiv Sena will get justice: Aditya
Meanwhile, former minister and Uddhav Thackeray’s son Aaditya has said at a rally in Karjat that the Shiv Sena will get justice, because the Shinde-BJP-led government is illegal.