SC notes Shinde faction plea on Uddhav camp stalling proceedings before EC

New Delhi: The Supreme Court Tuesday took note of the Eknath Shinde faction's claim about the Uddhav Thackeray camp stalling the proceedings before the poll panel where the former's application staking claim over the Shiv Sena and its symbol is pending, and said it will consider listing its plea before a constitution bench.

The 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 party's bow and arrow poll symbol.

The top court, while referring to a five-judge 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 faction's plea.

According 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 Lalit. I will look into that and I cannot say anything off the cuff, but certainly, there will be something by tomorrow, the CJI said.

A bench headed by the then CJI N V Ramana (since retired) had on August 23 referred to a five-judge bench the petitions filed by both the factions of Shiv Sena.

The 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 Shinde's rebellion.

The court had asked the EC to hold its hand till the time being on the Shinde faction's plea claiming itself to be a the real Shiv Sena.

The 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 review.

The 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 morality.