New Delhi, March 7 Maharashtra Chief Minister Eknath Shinde and his MLAs on Thursday urged the Supreme Court to remand the plea, filed by the Shiv Sena-UBT faction challenging the ruling of Assembly Speaker Rahul Narwekar, to the Bombay High Court for adjudication.
A bench, headed by CJI D.Y. Chandrachud, was hearing the plea filed by Shiv Sena-UBT leader Sunil Prabhu challenging the January 10 decision passed by Narwekar holding that the group led by CM Shinde was the real "Shiv Sena" as it commanded a majority in the legislature and also in the party’s National Executive.
Senior advocate Harish Salve, representing CM Shinde, contended that all issues, including of the authenticity of documents and applicability of amendments in the party’s constitution, should be dealt with by the Bombay High Court because the law has already been laid down by the apex court.
"They (Shiv Sena-UBT faction) can go to the High Court," he said.
Senior advocate Mukul Rohtagi submitted that a special leave petition filed directly before the apex court should only be entertained in exceptional circumstances and ordinarily, the petition should first be filed before the high court.
On the other hand, senior advocate Kapil Sibal, appearing on behalf of the Uddhav Thackeray-led faction, stressed that time is of the essence in the matter as the term of the current Assembly would come to an end in October-November of this year.
"They have not yet filed their reply. The matter must be expeditiously decided otherwise the whole matter would become infructuous," he said, adding that the decision of the Speaker could be challenged directly before the apex court by way of filing a special leave petition under Article 136 of the Constitution.
He said: "Your lordships have issued the notice. Where is the question of sending us to the High Court? They have not even filed a reply. Let them file a reply. The matter must be decided as quickly as possible."
After hearing the contentions, the bench, also comprising Justices J.B. Pardiwala and Manoj Misra, said: "We will list it, hear it, and dispose of the matter. We will list it after the Holi recess."
"The original record shall be summoned from the office of the tribunal (Speaker) hearing the disqualification petition. The reply should be filed on or before April 1," ordered the Supreme Court, clarifying that the question of maintainability of the petition remains open.
The matter will be heard next in the week commencing April 8.
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