SC to consider listing Shinde faction plea on Uddhav camp stalling proceedings

The Supreme Court on Tuesday took note of the Eknath Shinde factions claim about the Uddhav Thackeray camp stalling the proceedings before the poll panel where the formers application staking claim over the Shiv Sena and its symbol is pending and said it will consider listing its plea before a constitution benchThe Election Commission is seized of a plea by the faction led by Chief Minister Eknath Shinde seeking it be declared the real Shiv Sena and granted the partys bow and arrow poll symbolThe top court while referring to a fivejudge constitution bench several questions related to defection merger and disqualification arising out of the recent Maharashtra political crisis had on August 23 directed the Election Commission not to pass any order on the Shinde factions pleaAccording to us there was no interim order The court had granted an extension of time to the other side Uddhav group Now the other side is stalling the proceedings before the Election Commission Some elections are coming up in the month of October in the state senior advocate N K Kaul appearing for the Shinde faction told a bench headed by Chief Justice Uday Umesh LalitAlso Read Inflict deeper wound on Shiv Sena in home ground Mumbai show Uddhav Thackeray his place Amit ShahI will look into that and I cannot say anything off the cuff but certainly there will be something by tomorrow the CJI saidA bench headed by the then CJI N V Ramana since retired had on August 23 referred to a fivejudge bench the petitions filed by both the factions of Shiv SenaThe Uddhav group had raised several constitutional questions related to defection merger and disqualification and the power of Speaker in such situations as witnessed in Maharashtra during Shindes rebellionThe court had asked the EC to hold its hand till the time being on the Shinde factions plea claiming itself to be a the real Shiv SenaThe top court had said the petitions raised important constitutional issues relating to the 10th schedule of the Constitution pertaining to disqualification powers of the speaker and governor and judicial reviewThe apex court had said the proposition of law laid down by the constitution bench in the Nabam Rebia case relating to 10th schedule stands on a contradictory reasoning which requires gap filling to uphold constitutional moralityThe matters raise important issues which need consideration by a fivejudge constitution bench List the matter before the constitution bench the day after tomorrow and the bench will decide about the symbol related to the Election Commission proceeding at the beginning it had saidHowever the matter did not come upAlso Read Maharashtra Hardcore Shiv Sainiks will fight back from current situation says Uddhav ThackerayThe top court had asked the constitution bench to look into constitutional issues like whether the notice for removal of the speaker restricts him from continuing with the conduct of disqualification proceedings can a court hold that an MLA is deemed to be disqualified by virtue of hisher actions and what is status of proceedings in the house pending disqualification petitions against the membersThe bench was hearing pending cases related to the political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi MVA government led by Uddhav ThackerayThe 10th Schedule of the Constitution provides for the prevention of defection of the elected and nominated members from their political party and contains stringent provisions against defectionsThe Uddhav Thackeray faction of the Shiv Sena had earlier submitted that party MLAs loyal to Eknath Shinde can save themselves from disqualification under the 10th Schedule only by merging with another political partyThe bench had asked the Shinde faction to redraft the legal issues of split merger defection and disqualification raised in petitions filed by the Thackeray camp that are to be adjudicated uponThe Shinde group had said the antidefection law is not a weapon for a leader who has lost the confidence of his own party to lock his members and somehow hang onThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever