Maha politics: SC says pleas raise constitutional questions

The bench extends stay on disqualification of MLAs

NEW DELHI: The Supreme Court Wednesday said the petitions filed by the Shiv Sena and its rebel MLAs during the recent Maharashtra political crisis raised constitutional issues including split, the merger of a political party, defection, and disqualification which may require consideration by a larger bench.

A bench headed by Chief Justice N V Ramana, meanwhile, extended the operation of its July 11 order by which it had asked Assembly Speaker not to proceed with a plea seeking disqualification of MLAs of the Uddhav Thackeray faction as sought by CM Eknath Shinde group on the ground of defying the party whip during the trust vote and the election of the speaker.

The bench, also comprising justices Krishna Murari and Hima Kohli, issued notices on petitions filed by the Uddhav group and asked the other side to file responses and issues by July 27 for consideration by a larger bench and fixed them for hearing on August 1.

While a battery of senior lawyers including Kapil Sibal and A M Singhvi took charge on behalf of the Uddhav faction, the Shinde group was led by senior advocate Harish Salve.

"What happens to the verdict of people? The 10th schedule, meant to stop defection, has turned topsy-turvy and has been used to instigate defection," Sibal said, adding that the protection against disqualification is available in case of a merger and not in the case of the split of a party.

Salve replied saying, "Heavens do not fall if a chief minister is changed. Let us get into if the speaker was appointed as per law and not on the crisis of democracy and all that... Raising a voice within the party without crossing 'Lakshman Rekha' is not an act of defection."

Some of the issues, consequences of removal of paragraph three (of 10th schedule) and absence of split concept, whether a minority party leader has right to disqualify party leader, these are some of the issues. If you can cull out the issues, we can decide how to proceed, the CJI said, adding that at the moment he was thinking aloud .

"After hearing the counsel, 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 (July 27)," the bench said in its order. The bench was hearing six pleas related to the political crisis that led to the fall of the Maha Vikas Aghadi government.

The bench issued notices on petitions filed by the Uddhav group and asked the other side to file responses and issues by July 27 for consideration by a larger bench and fixed them for hearing on August 1