New Delhi, Sep 10 The Supreme Court on Tuesday could not take up for hearing a plea filed by Shiv Sena-UBT leader Sunil Prabhu challenging the ruling of Maharashtra Assembly Speaker Rahul Narwekar which had held that Chief Minister Eknath Shinde-led faction is the "real" Shiv Sena.
As per the computerised case status, a bench, headed by CJI D.Y. Chandrachud, is to tentatively hear the matter on Wednesday (September 11).
In January this year, the Bench, also comprising Justices J.B. Pardiwala and Manoj Misra, issued a notice and called for the response of CM Shinde and 38 other MLAs of his camp in the matter.
Former CM Uddhav Thackeray-led Shiv Sena faction petitioned the top court questioning 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.
The petition also challenges the dismissal of the disqualification petitions filed against CM Shinde and other MLAs of his camp.
In an earlier hearing held in March this year, 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 had said. "Your lordships have issued the notice. They have not even filed a reply. Let them file a reply. The matter must be decided as quickly as possible."
On the other hand, CM Shinde and his MLAs have urged the Supreme Court to remand Shiv Sena-UBT’s plea to the Bombay High Court for adjudication. The Bombay High Court had already issued notice to the 14 Shiv Sena-UBT MLAs and others in a petition filed by ruling Shiv Sena's Chief Whip Bharat Gogavale seeking disqualification of Thackeray’s faction legislators.
Thackeray’s legislative flock was saved from disqualification with the cross-petitions of both sides getting dismissed by Speaker Narwekar in the impugned January 10 verdict.
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