The Supreme Court on Wednesday said it will consider on September 27 whether the Election Commission of India (ECI) should proceed to decide which of the two groups - the Uddhav Thackeray faction or the one led by Eknath Shinde - be recognised as the 'real' Shiv Sena.
A five-judge Constitution bench headed by Justice DY Chandrachud said it will hear the application of the Thackeray group seeking to restrain the ECI from deciding the claim raised by Chief Minister Shinde faction for recognition as the official Shiv Sena party.
At the outset, senior advocate Neeraj Kishan Kaul, appearing for the Shinde group, told the bench that the Election Commission cannot be prevented from taking a decision and that there is urgency in view of the impending local body elections.
Senior advocate Kapil Sibal, appearing for the Thackeray group, told the bench that on August 3, the apex court had orally asked the poll panel to not take any precipitative action on the issue.
The top court is seized of several petitions filed by rival groups of Shiv Sena in relation to the Maharashtra political crisis. In August, the top court's three-judge bench had referred to a five-judge Constitution bench the issues involved in the petition filed by rival groups of Shiv Sena in relation to the Maharashtra political crisis.
Thackeray-led camp of Shiv Sena had sought stay on the proceedings before the Election Commission of India on Shinde group's claim for recognition as 'real' Shiv Sena.
Earlier, the Supreme Court three-judge bench had said that some of the issues involved in the Maharashtra political crisis may require a larger Constitutional bench for consideration. It had also asked the Speaker of the Maharashtra Legislative Assembly, Rahul Narwekar not to take any action on the new disqualification notices issued against the members of Shiv Sena.
There are various petitions pending before the apex court filed by both the factions of Shiv Sena. Thackeray-led faction had approached the top court challenging the Maharashtra Governor Bhagat Singh Koshiyari's decision to invite Eknath Shinde to form the government and also the Speaker's election and floor test.
Later they had challenged Shinde group approaching poll panel claiming they are 'real' Shiv Sena. They had also challenged the newly appointed Maharashtra Assembly Speaker's action recognising the whip of Eknath Shinde group as the whip of Shiv Sena. The plea said newly appointed Speaker has no jurisdiction to recognise whips nominated by Shinde as Uddhav Thackeray is still the head of Shiv Sena official party.
Thackeray camp's Sunil Prabhu had filed plea seeking suspension from Maharashtra Assembly of new Chief Minister Eknath Shinde and 15 rebel MLAs against whom disqualification pleas are pending.
Shinde group's challenged the disqualification notices issued by the Deputy Speaker to 16 rebel MLAs as well as appointment of Ajay Choudhary as Shiv Sena Legislature Party leader, is also pending before the apex court.
On June 29, the top court gave a go ahead to the floor test in the Maharashtra Assembly on June 30. Refusing to stay the Maharashtra Governor's direction to the then Chief Minister Uddhav Thackeray to prove his majority support on the floor of the House on June 30, the bench had issued notice on Prabhu's plea against floor test.
After the apex court's order, Uddhav Thackeray announced his resignation as the Chief Minister and Eknath Shinde was later sworn-in as the Chief Minister.
( With inputs from ANI )
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