Sena Vs Sena: SC Mulls Transferring Case To 5-Judge Bench, Asks Speaker To Maintain Status Quo On Rebels

Sena Vs Sena: A three-judge bench of the Supreme court, which included CJI NV Ramana, also directed the Maharashtra legislative assembly secretary to keep all records in safe custody.

By Aalok Sensharma
Updated: Wed, 20 Jul 2022 01:01 PM IST
Minute Read
Sena Vs Sena: SC Mulls Transferring Case To 5-Judge Bench, Asks Speaker To Maintain Status Quo On Rebels
Maharashtra Chief Minister Eknath Shinde (left) and Shiv Sena president Uddhav Thackeray (left)/ Photo: ANI

Shiv Sena president Uddhav Thackeray on Wednesday didn't get a relief from the Supreme Court, which said it may transfer the case to a larger five-judge bench. Posting the matter for August 1, the top court said Speaker Rahul Narwekar will maintain status quo, asking him not take actions against the rebel faction under the disqualification notices issued against them.

A three-judge bench of the apex court - which included Chief Justice (CJI) NV Ramana, Justice Krishna Murari and Justice Hima Kohli - also directed the 288-member Maharashtra legislative assembly secretary to keep all records in safe custody.

It also asked the rebels led by Chief Minister Eknath Shinde to file an affidavit on the pleas filed by the Thackeray faction.

"After hearing the counsels it has been agreed that some issues may, if necessary, be referred to a larger bench also. Keeping in mind the same, to enable the parties to frame the issues, let them file the same preferably by next Wednesday," the bench said, as reported by news agency PTI.

The court's directions came after senior advocate Kapil Sibal, appearing for the Uddhav Thackeray faction, said that Speaker recognising a whip other than the official whip nominated by the party is malafide.

"What happens to the verdict of people? The 10th schedule is turned topsy-turvy and has been used to instigate defection," Sibal told the bench also comprising Justice Krishna Murari and Justice Hima Kohli.

Meanwhile, senior lawyer Harish Salve, appearing for Shinde, stated that in a democracy people may gang up and tell the prime minister that sorry you cannot continue. "If a leader gathers strength within the party and stays in it to question the leader without leaving the party. It is not defection," Salve submitted.

The court was hearing five pending peas about the recent political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) government in the state. 

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