SC asks EC not to proceed with Eknath Shinde faction's plea claiming to be real Shiv Sena for now

The Supreme Court Thursday asked the Election Commission not to take any precipitative action for now on the Eknath Shinde factions plea that it be considered the real Shiv Sena and granted the partys poll symbolA bench headed by Chief Justice N V Ramana said it would take a call by Monday on referring the matters related to the recent Maharashtra political crisis to a Constitution benchThe top court also told the poll panel that if the Thackeray faction seeks time to file a response to its notices on Shinde factions petition it should consider their request and grant reasonable adjournmentCounsels submitted the issues which may arise to decide this case and whether to refer the matter to 5 judges constitution bench This will be decided taking into consideration the submissions and the issues framedWe will take a call and at the same time the date fixed by the EC is August 8 to submit a reply by the petitioners Shinde group If they Uddhav want some more time in view of the pendency of the matter then they will file an application seeking time It is open for EC to grant reasonable adjournment the bench also comprising justices Krishna Murari and Hima Kohli saidAlso readEknath Shinde govt scraps MVArsquos delimitation Mumbai is back to having 227 wardsThe apex court was hearing the petitions filed by the Shiv Sena and its rebel MLAs during the recent Maharashtra political crisis which raised constitutional issues including those related to splits mergers of political parties defections and disqualificationsAt the outset senior advocate Harish Salve appearing for the Shinde faction submitted a revised list of legal issues on petitions filed by the rival Uddhav Thackeray groupSalve said the antidefection law cannot be an antidissent lawThere is no per se illegality principle until and unless there is a finding of disqualification Salve said The bench at this juncture said If you are completely ignoring the political party after being elected then it is a danger to democracySenior advocate Kapil Sibal appearing for the Thackeray group submitted that the 40 rebel MLAs stand disqualified by their conduct and they cannot say that they are the real Shiv SenaSenior Advocate Arvind Datar who is appearing for the Election Commission submitted the ECI is governed by Representation of the People Act it is bound to decide if a claim is raised by a groupTenth schedule is a different territory If they are disqualified they cease to be members of the legislature Not a political party These are different Whatever happens in the Assembly that has got nothing to do with the membership of the political party Datar saidThe Tenth 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 told the apex court on Wednesday that party MLAs loyal to Maharashtra Chief Minister Eknath Shinde can save themselves from disqualification under the Tenth Schedule of the Constitution 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 upon following the recent political crisis in MaharashtraThis 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