Shinde vs Thackeray: Sena's plea to be heard on 1 August, SC asks Speaker to maintain status quo on disqualification

New Delhi: The Supreme Court on Wednesday gave time to the Shiv Sena faction led by Maharashtra chief minister Eknath Shinde to file an affidavit on the please filed by Uddhav Thackeray-led camp. The apex court will now hear the matter on 1 August.

The court was hearing pleas relating to the Uddhav Thackeray-Eknath Shinde legal battle over rebellion in Shiv Sena. A bench led by the Chief Justice of India (CJI) also was hearing disqualification proceedings, election of Speaker, recognition of whip, floor test among other subject matters of dispute.

The Supreme Court has also said that the petitions may require reference to a 5-judge bench. It also asked Maharashtra Assembly Speaker to maintain the status quo and not decide on any disqualification applications.

The Court also told the Legislative Assembly secretary to keep all records in safe custody.

During the hearing, senior advocate Kapil Sibal, appearing for the Uddhav camp, said: "Democracy is in peril and whatever happened in Maharashtra is a mockery of democratic institutions."

Appearing for Eknath Shinde, senior advocate Harish Salve, said that the argument does not fit in the case where a chief minister (Uddhav Thackeray) is overthrown by his party members.

Hearing the arguments of both side, the CJI bench said, "It has been agreed that some issues may if necessary be referred to a larger bench also. Keeping in mind the same, to enable the parties to frame the issues, let them file the same preferably by next Wednesday."

Sibal requested that the status quo be maintained and no faction should be hurt.

Uddhav Thackery vs Eknath Shinde: What happened in Supreme Court

Starting his argument in the cases today, Sibal said, "There must be a merger if a rebel camp wants protection against disqualification. Until the SC decides all the points of law, nothing should be done. Let this court also decide on the disqualification petitions."

Senior advocate Abhishek Singhvi, who also represented the Uddhav Thackeray faction, argued that the floor test should have been stalled by the Supreme court. "Tenth Schedule has been made nugatory," he said.

Harish Salve then said, "What's wrong with internal party democracy? What's wrong with questioning the leader of your party by not defecting to some other party but gather enough support within the party. That's not defection."

Salve also requested a week’s time to file reply to the petitions and post it next week.

Responding to Salve, CJI NV Ramana said, "Time is not an issue. But some of the issues are important constitutional issues which should be settled."

‘Certain issues including split or no split are aspects which actually require hearing…we have to think how to go ahead with this matter," CJI added.

Man who can't find support of 20 MLAs should not restored as CM

Advocate Harish Salve during the SC hearing said, "Are we in fantasy land that a man who cannot find the support of 20 MLAs should be restored as the Chief Minister?"

He further said that inner part of democracy provides the right to raise voice against the leader. “Raising the voice is not disqualification," Salve added.

Not defection if you get enough support within party

"The moment you gather enough strength within the party and stay within the party to question the leader without leaving the party, and say we will defeat you in the house, that is not defection," Salve said in the Supreme Court.

He was responding to the statement made by the Uddhav Thackeray side saying that democracy is in danger. "You pre-empt the Speaker from deciding, you allow the new government to be formed. It’s a mockery of the system, of democracy, its unconditional," Kapil Sibal said.

With inputs from agencies

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