Supreme Court Refers Maharashtra Political Crisis Matters To Constitution Bench, To Be Listed On Thursday

The Supreme Court today referred the batch of cases relating to the Maharashtra Political crisis to a Constitution Bench and framed the issues which are to be considered by the Constitution Bench.

A Bench comprising of Chief Justice N. V. Ramana, Justice Krishna Murari and Justice Hima Kohli on the plea of Senior Advocate Kapil Sibal appearing for the Thackeray faction also referred the issue of the tussle between Eknath Shinde faction and Uddhav Thackeray faction for the election symbol to the Constitution Bench. The Bench directed the Election Commission to not take a final call on the issue till the matter is taken up by the Constitution Bench on Thursday.

The Supreme Court had on the previous hearing directed the Election Commission, as an interim measure, not to take any decision for now on the Eknath Shinde faction's plea that it be considered the real Shiv Sena and be granted the party poll symbol. The Court passed the order after going through the issues framed and suggested by the parties. The Court had observed that there were certain issues in the matter which might have to be referred to a larger bench.

The Court had previously directed the parties to file convenience compilations in the matter and to suggest the main issues that arise in the matter. The Court was of the opinion that there may be certain issues that would require consideration of a larger bench. The Court had on an earlier occasion also asked the Speaker of Maharashtra not to proceed with disqualification proceedings of the Shiv Sena MLAs.

The Apex Court had on June 27 stayed the disqualification proceedings against the rebel MLAs of Shiv Sena before the Deputy Speaker and had sought the responses of the State Government and the other Respondents.

The Supreme Court's vacation bench comprising of Justice Surya Kant and Justice J. B. Pardiwala had on June 29 refused to stay the floor test on the petition filed by the Shiv Sena Chief Whip Sunil Prabhu, which was held on June 30 as per the directions of the Governor of Maharashtra. The Supreme Court had also in the same hearing allowed the applications filed by MLAs Anil Deshmukh and Nawab Malik, who are in judicial custody, to cast their vote in the floor test.