No Disqualification Of MLAs Yet, Issue May require A 5-Judge Bench: SC On Shiv Sena crisis
Mumbai: Supreme Court on Wednesday said that the issues involved in the petitions over the Shiv Sena crisis might require to be referred to a five-judge bench for consideration.
The Speaker will maintain the status quo and not decide on any disqualification of rebel MLAs, SC added.
A bench of Chief Justice NV Ramana and Justices Krishna Murari and Hima Kohli granted time to the Maharashtra Chief Minister Eknath Shinde-led camp to file affidavits on petitions filed by Shiv Sena chief Uddhav Thackeray faction.
The Chief Justice said certain issues in the petitions may require reference to a five-judge bench. “Some issues, I feel strongly, may require a larger bench. The matter may be heard by a larger bench.”
He also said that Maharashtra Assembly Speaker Rahul Narvekar will maintain the status quo and will not decide on any disqualification application.
The top court also asked the assembly secretary to keep all the records safe.
During the hearing today, senior advocate Kapil Sibal, representing the Shiv Sena chief camp, told the apex court that every elected government in this country can be brought down if the matter can be accepted.
“Democracy is in danger if state governments can be toppled despite the bar under the Tenth Schedule. What happens to the decisions of the people? The Tenth Schedule was overturned and defection was instigated,” Sibal said.
During the hearing today, senior advocate Kapil Sibal, representing the Shiv Sena chief camp, told the apex court that every elected government in this country can be brought down if the matter can be accepted.
Sibal said, “Democracy is in danger if state governments can be toppled despite the bar under the Tenth Schedule. What happens to the decisions of the people? The tenth schedule was turned topsy-turvy and used to instigate defection,” Sibal said.
Senior advocate Harish Salve, appearing for the Shinde camp, told the apex court that in a democracy people can form gangs and tell the prime minister that they cannot continue, sorry.
Salve said that if a leader gathers strength within a party and stays in it to question the leadership without leaving, then there is nothing wrong with it.
“If a large number of people in a party feel that another man should lead, what is wrong with that,” the senior advocate asked.
The rift in the Shiv Sena came out in the open after rebel party leader Eknath Shinde, along with several MLAs revolted against the party leadership and joined hands with the BJP following which Uddhav Thackeray resigned as chief minister on June 29. A day later, Shinde was sworn in as chief minister with the BJP as his partner.
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