The Supreme Court on Friday declined a plea by the Uddhav Thackeray-led Shiv Sena faction for an urgent hearing to restrain rebel party leader Eknath Shinde from functioning as the Maharashtra chief minister.
Senior advocate Kapil Sibal mentioned Thackeray loyalist Sunil Prabhu’s application before a vacation bench of justices Surya Kant and JB Pardiwala. He pointed out that there would be a lot of confusion regarding the issuance of a whip since both sides may claim to be Shiv Sena and issue their own to the respective factions. “There is no merger. The moment he [Shinde] was sworn in, he violated the Tenth Schedule [anti-defection law]. So, he is not the party. It is ex facie not a dance of democracy,” said Sibal.
The bench responded saying it is conscious of what has been happening while the issue is pending before the court. “We are not shutting our eyes. Whatever is happening is happening. We will take it up on July 11. Let it also come with the other matter.”
When Sibal asked whose whip will count, the court said the procedure of the state legislature shall have to be looked into, and listed Prabhu’s plea for hearing on July 11.
On July 11, the court is scheduled to hear three petitions related to the political turmoil in Maharashtra. The Shinde camp filed the first two petitions seeking to restrain the deputy speaker from disqualifying the 16 of the Sena’s dissidents until his own motion of removal was decided. On June 26, the court issued an interim order virtually restraining the deputy speaker from conducting disqualification proceedings till July 12.
