New Delhi: The Supreme Court will pronounce its verdict on the Maharashtra matter today (Monday), whether to refer the matter to a five-member Constitution Bench or not. A bench headed by Chief Justice NV Ramana will pronounce the verdict.
The court had said that the date of hearing of the Election Commission was fixed for August 8. If the petitioners want to seek time from the Election Commission, then the Election Commission should consider it. The court had directed the Election Commission not to take any decision on the issue of the original Shiv Sena.
During the hearing, the Shinde faction’s counsel, Harish Salve, raised several points regarding the Speaker’s authority on disqualification and the manner in which the procedure was to be carried out and sought a detailed hearing on them. Salve had said that as long as the MLA is in office, he is entitled to participate in the activities of the House. Even if he votes against the party, that vote will be valid. The Chief Justice then asked whether the party would not have control over the MLA once he was elected. He is only accountable to the discipline of the legislature party of the party.
Advocate Kapil Sibal, appearing for the Uddhav faction, had said that the matter should not be sent to the Constitution Bench. Sibal stated that MLAs who can be disqualified cannot claim to be the true party in the Election Commission.Then the Chief Justice said that no one could be stopped from doing this.
During the hearing, the Election Commission’s counsel, Arvind Datar, had said that if we have any claim of being the parent party, we are legally bound to take a decision on it. Datar has said that disqualification from the assembly is a separate issue. We make decisions based on the facts placed before us.
The Uddhav Thackeray faction had said that the Election Commission should not take its action until the disqualification of the MLAs of the Shinde faction is decided. It was said in the petition that as the matter of disqualification of the MLAs of the Shinde faction is pending, the Election Commission cannot decide who is the real Shiv Sena. Please tell them that the Election Commission has summoned documents from both parties till August 8.
The Thackeray faction has challenged the Maharashtra Governor’s decision to invite Eknath Shinde to form the government in the Supreme Court. Apart from this, in the proceedings of the Maharashtra Legislative Assembly held on 3 and 4 July, the election of the new speaker and the proceedings of the vote of confidence of the Shinde government have been said to be illegal.
The Thackeray faction has also challenged the decision of Lok Sabha Speaker Om Birla to remove the MPs in the Supreme Court. The petition has been filed by MPs Vinayak Raut and Rajan Vichare.
The petition has sought the quashing of the appointment of Rahul Shewale as the leader of the Shiv Sena Parliamentary Party in the Lok Sabha and Bhavna Gawli as the chief whip. It has been said in the petition that the decision of the Lok Sabha Speaker is arbitrary and against the decisions of Shiv Sena’s authorised representatives in Parliament. The petition said that the Shiv Sena had informed the Lok Sabha Speaker that Vinayak Raut was declared the leader of the party in the Lok Sabha and Rajan Vichare as the Chief Whip. But despite this, the speaker approved the candidate of the Shinde faction. Even the Speaker of the Lok Sabha did not seek clarification from the Shiv Sena