INDIA. Mumbai: The matter related to the split in Shiv Sena and the consequent formation of the BJP-Shinde Government in Maharashtra has been scheduled for hearing in the Supreme Court (SC) before the bench comprising Chief Justice N V Ramana and Justices Krishna Murari and Hima Kohli on Wednesday.
While the Shiv Sena has demanded disqualification of the MLAs belonging to the Eknath Shinde faction, the breakaway faction has claimed that 15 MLAs (Thackeray faction) cannot disqualify its 40 MLAs who are part of the BJP-Shinde Government now.
However, the Shiv Sena has maintained that since the rebel group has not merged with any other political party, the action should be taken under schedule X of the constitution against them.
The court is also anticipated to rule on the Shiv Sena’s plea seeking a stay on the hearing scheduled before the Election Commission of India (ECI) on August 8, based on the dissident group’s allegation that they are the “genuine Shiv Sena” and that the party emblem of “Bow and Arrow” be assigned to them.
The Shiv Sena has demanded a stay on the EC hearing on the ground that a bunch of petitions related to the disqualification of MLAs are already pending before the SC, and till they are decided, any hearing in the ECI makes the matter pending before the SC infructuous.
The SC is expected to refer the matter to the Constitutional bench or constitute another three-member bench and give interim directions about the matter pending before the ECI.
The constitution bench comprises at least five judges of the court to sit and decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India or “to hear any reference” made by the President of India under Article 143. This provision has been mandated by Article 145 (3) of the Constitution of India.
The breakaway faction has staked a claim on party title and the election symbol before the ECI on the ground that the Maharashtra Governor has already administered the oath of office and secrecy to Shinde, thus granting recognition to the group of their 40 MLAs. Besides, the Lok Sabha Speaker Om Birla has recognized the group of 12 MPs and granted recognition to Rahul Shewale as a Floor leader in the Lok Sabha instead of Vinayak Raut of the Thackeray faction.
However, the Shiv Sena has challenged: the Governor’s decision to invite Shinde to form the government on June 30, the proceedings to elect the speaker of the Maharashtra Legislative Assembly held on July 03, and the floor test held on July 4.
In the meanwhile, given the ECI’s instructions to submit documents, including letters of support from the legislative and organizational wings of the party, thousands of affidavits pledging support to the Uddhav Thackeray group have begun reaching the Shiv Sena headquarters- “Shiv Sena Bhavan” at Dadar in Central Mumbai. They will be taken to ECI if the EC does not stay the hearing.
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