A bench of Chief Justice DY Chandrachud and PS Narasimha said it would list the matter on January 13 to pass some directions
Supreme Court. File Pic
Uddhav Thackeray-led group on Tuesday told the Supreme Court that there is an unconstitutional government in Maharashtra as it sought an urgent hearing of the pleas filed by both the rival factions in relation to the Maharashtra political crisis.
A bench of Chief Justice DY Chandrachud and PS Narasimha said it would list the matter on January 13 to pass some directions.
Senior advocate Devadatt Kamat mentioned the matter for urgent listing and requested the top court to hear the case urgently as there is an unconstitutional government in Maharashtra.
CJI said next week is a miscellaneous week and it won't be possible to assemble five judges on a miscellaneous week and thereafter the Supreme Court will have winter vacation.
A five-judge Constitution bench headed by Justice DY Chandrachud is seized of a batch of petitions filed by a rival faction between Uddhav Thackeray and Chief Minister Eknath Shinde of Shiv Sena group in relation to the Maharashtra political crisis.
The bench also comprises Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.
Earlier, the top court had allowed the Election Commission of India to decide which faction between Uddhav Thackeray and Chief Minister Eknath Shinde be recognised as the 'real' Shiv Sena party and allotment of the bow and arrow symbol.
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.
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 factions of Shiv Sena.
Thackeray-led faction approached the top court challenging the Maharashtra Governor Bhagat Singh Koshiyari's decision to invite Eknath Shinde to form the government and the Speaker's election and floor test. Later they challenged the Shinde group approaching the poll panel claiming they are 'real' Shiv Sena.
They had also challenged the newly appointed Maharashtra Assembly Speaker's action recognising the whip of the Eknath Shinde group as the whip of Shiv Sena. The plea said the newly appointed Speaker has no jurisdiction to recognise whips nominated by Shinde as Uddhav Thackeray is still the head of the Shiv Sena official party.
Thackeray camp's Sunil Prabhu had filed a plea seeking suspension from the Maharashtra Assembly of new Chief Minister Eknath Shinde and 15 rebel MLAs against whom disqualification pleas are pending.
Shinde group challenged the disqualification notices issued by the Deputy Speaker to 16 rebel MLAs and the 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 the 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.
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