From Our Bureau
NEW DELHI: The Supreme Court on Wednesday adjourned the Shiv Sena split in Maharashra for hearing on August 1, asking Chief Minister Eknath Shinde-led camp to file an affidavit on the Uddhav Thackeray-led faction seeking disqualification of the rebel Sena MLAs who joined the Shinde camp and challenging disqualification proceedings initiated against its MLAs.
A Bench of Chief Justice of India N V Ramana and Justices Krishna Murari and Hima Kohli is hearing a batch of half a dozen petitions, one filed by the Shinde camp and the remaining by the Thackeray camp. The Chief Justice hinted at setting up a larger Bench as several constitutional issues are involved.
The Shinde camp has challenged disqualification proceedings initiated by Deputy Speaker Narhari Zirwal against the rebel MLAs when they were in Guwahati and a vacation bench of the top court had stayed the process.
The five pleas by the Thackeray camp include challenge the new Speaker Rahul Narwekar’s steps, Governor BS Koshyari’s order asking the Thackeray government to prove its majority, the Governor swearing in Shinde as the new CM and a petition seeking suspension of Shinde camp MLAs.
Senior advocate Kapil Sibal, appearing for Thackeray camp, challenged the Governor for swearing in the new government when the Supreme Court was hearing the matter.
“The election of Assembly Speaker is equally bad in law because he has been elected by MLAs against whom disqualification applications are pending,” he argued. He said that way every elected government in the country can be toppled of formation of the Shinde government is accepted, adding that “democracy is in danger if the state governments can be toppled despite the bar under the 10th Schedule of Constitution.”
Senior advocate Abhishek Manu Singhvi, also representing Thackeray camp, said the deputy speaker sat on their disqualification complains and didn’t even issue notice.
“The condition in tenth Schedule is that not only you should have 2/3rds going but also the 2/3rd should merge with another party. It is common ground that my friends have not merged with another party. They are not calling themselves BJP,” Singhvi said.
Senior advocate Harish Salve, representing Shinde camp, asserted that there is no defection to attract the Tenth Schedule. What is wrong if a large number of people in a party feels that another man should lead, he asked, pointing out that this is the situation in Maharashtra since defection is only when you leave the party and join hands with another, which didn’t happen.
“Are we in a fantasy land in such a hopeless situation that a man who cannot even find 20 MLAs to support him has to be brought back to power by the courts? Salve asked and sought a week’s ttime to reply to Thackeray cmp’s latest plea.
At this stage, the CJI said: “Instead of later referring, we can have a larger Bench.”
Appearing for the Governor, Solicitor General Tushar Mehta said he doesn’t have a copy of new pleas filed in the matter.
The turmoil in Maharashtra had began with a rebellion in the Shiv Sena following which Uddhav Thackeray resigned as chief minister on June 29. A day later, rebel Sena leader Eknath Shinde took oath as chief minister with the BJP as his partner. The MLAs of the Uddhav Thackeray faction of Shiv Sena recently filed a fresh plea in the top court challenging the disqualification proceedings initiated against them under the constitutional scheme.
The rift in the Shiv Sena came out in the open after rebel party leader Eknath Shinde, along with several MLAs revolted against the party leadership and joined hands with the BJP following which Uddhav Thackeray resigned as chief minister on June 29. A day later, Shinde was sworn in as chief minister with the BJP as his partner.
