New Delhi: Hon. Supreme Court has given the rebel MLAs time till July 27 to frame their issues for the larger bench. The bench court was hearing a batch of petitions related to the political crises in Maharashtra, which led to the downfall of the Maha Vikas Aghadi (MVA) government in the state. As a result, Thackeray had to resign as a chief minister on June 29. The Supreme Court said today that the issues between two Shiv Sena factions- Eknath Shinde and Uddhav Thackeray shall be referred to a larger bench.
The Thackeray faction moved to the top court challenging disqualification proceedings initiated against MLAs under the constitutional scheme. Appearing from Thackeray faction, Senior advocate Kapil Sibal told the Bench headed by Chief Justice of India N V Ramana, Justices Krishna Murari, and Hima Kohli, “recognizing a whip other than the official whip nominated by the party is malafide”.
Sibal argued that Maharashtra Governor Bhagat Singh Koshyari should not have sworn in when the apex court had seized the matter. He further argued during the hearing that democracy is in danger if governments of any state are toppled despite the bar under the Tenth Schedule of the Constitution. According to the Tenth Schedule, 40 Sena MLAs who switched to the Shinde camp had to be disqualified by giving up party membership.
Senior advocate Abhishek Manu Singhvi, who appeared for the Thackeray camp said that the condition in the Tenth Schedule is that the party should have two-thirds going, and also two-thirds merging with another party. He further urged the bench to reach back and reverse. Senior advocate Mahesh Jethmalani, arguing for the Udhav Camp said, “the question of a potential disqualification is not to be looked at by the Governor”.
Senior advocate, Harish Salve, argued on behalf of the Shinde Camp said that nothing was wrong of a large number of people in a party feel that another man should lead them. Earlier on July 11, CJI -led bench had granted interim relief to the MLAs of the Thackeray faction by asking Maharashtra Assembly Speaker Rahul Narwekar not to proceed with the plea seeking disqualification.