The Supreme Court on Wednesday posted for hearing on August 1 the petitions filed by both factions of the Shiv Sena relating to the control of the Shiv Sena party and the recent political crisis in Maharashtra, which brought down the Maha Vikas Aghadi (Congress-Shiv Sena-NCP) government in the state.
A bench led by Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli granted time to Maharashtra Chief Minister Eknath Shinde-led camp to file an affidavit on the pleas filed by Shiv Sena chief Uddhav Thackeray-led faction. Senior advocate Harish Salve for the Shinde camp sought time to file a reply on pleas filed by the Thackeray camp and asked the court to post the hearing next week.
Hinting at the formation of a larger bench in the future, CJI Ramana said, “Some of the issues, I strongly feel, may require a larger bench. A larger bench can hear the case.”
Supreme Court said that the issues in petitions may require reference to a five-judge bench.
The bench further said that the Speaker will maintain the status quo and not decide on any disqualification applications. The Apex Court also tells the Legislative Assembly secretary to keep all records in safe custody.
Senior advocate Kapil Sibal representing Uddhav Thackeray’s camp told the apex court that every elected government in this country can be toppled if this case can be accepted. “Democracy is in danger if state
governments can be toppled despite the bar under the 10th schedule,” Sibal said.
Meanwhile, senior advocate Harish Salve for the Eknath Shinde camp said that inner party democracy has been throttled by disqualification proceedings. He has sought time to file a reply on the petitions filed by the Thackeray camp and asks to post the hearing next week.
In his arguments, Sibal said: “Forty members of Shiv Sena by their conduct are deemed to have incurred disqualification by giving up party membership. By voting for a candidate put up by the BJP as Speaker in violation of the official whip, they have attracted disqualification. By voting in the vote of confidence violating official whip, they have incurred disqualification,” said Sibal.
He further said that the Governor should not have sworn-in to the new government when the Supreme Court was hearing the matters.
“Speaker recognizing a whip other than the official whip nominated by the party is mala fide,” he said.Sibal said that the issue of the political party is itself in question. When disqualified members elect a person and they stand disqualified, then the election itself is bad.
“What happens to the verdict of the people who elected the government,” Sibal asks.He said that the Schedule that has been used to prevent defection has been used to instigate defection. The tenth schedule has been turned topsy-turvy. Every day’s delay will play havoc with democratic decisions. An illegitimate government should stay for a single day, he added.
Senior advocate Singhvi appearing for the Uddhav Thackeray-led camp also told the Supreme Court that the so-called departing faction sent a letter to the then Deputy Speaker seeking his removal and they sent it from an unauthorized email followed by a letter by an advocate. Deputy Speaker didn’t take it on record saying no MLAs came before him.
