SC will decide on sending the matter to a constitution bench by August 8, Shiv Sena gets relief from the court for the time being

Shiv Sena Court Case: The Supreme Court will take a decision on sending the cases related to Shiv Sena’s Uddhav Thackeray vs Eknath Shinde dispute to the Constitution Bench. A bench headed by Chief Justice NV Ramana has said that this decision can come by Monday 8 August. The court has advised the Election Commission to postpone its decision on the claim of both the factions about the real party for the time being. The court has written in the order that if the Uddhav Thackeray camp seeks time to file a reply from the Election Commission on the basis of the pendency of the case in the Supreme Court, then the commission should consider it.

The question of claim on the party is the most important
Several petitions are pending in the Supreme Court regarding the situation arising out of the revolt of Shiv Sena MLAs led by Eknath Shinde in Maharashtra and the subsequent resignation of Chief Minister Uddhav Thackeray. In these petitions, many issues have been raised like disqualification of 16 MLAs of Shinde camp, Governor’s invitation to Eknath Shinde to form the government, wrong process of election of new speaker in the house. But now the most important issue has become that the Election Commission has started proceedings on the claim of Eknath Shinde Camp being the real Shiv Sena and has sought an answer from the Uddhav Thackeray faction.

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Legal points can be referred to the Constitution Bench
Many important constitutional questions have been raised in the petitions related to the Shinde Camp rebellion and the subsequent formation of a new government under the leadership of Eknath Shinde. In view of this, the court had indicated in the last hearing that these questions could be referred to a five-judge constitution bench. The court had asked all the parties to give their suggestions on the legal points related to the case. All the parties have submitted their suggestions in the court.

The matter should be heard by a bench of 3 judges only.
A bench of Chief Justice NV Ramana, Justices Krishna Murari and Hima Kohli said that a decision on sending the legal questions to a five-judge bench would be taken by Monday. However, Uddhav Camp’s counsel Kapil Sibal and Abhishek Manu Singhvi opposed sending the matter to the Constitution Bench. He said that the matter should be heard by a bench of 3 judges only. Both of them will complete their cross-examination in 2 hours.

Demand to stop the action of the commission
During the hearing, Uddhav faction’s lawyers Kapil Sibal and Abhishek Manu Singhvi continued to insist that the ongoing proceedings in the Election Commission regarding the allocation of the party’s election symbol should be stopped. Both argued that the issue of disqualification of Shinde camp MLAs is still pending. In such a situation, without taking a decision on it, the Election Commission should be stopped from taking a decision on the real party.

Election Commission’s argument
Senior advocate Arvind Datar, appearing for the Election Commission, said the disqualification of the MLAs is a separate issue. The Election Commission takes a decision regarding the election symbol of the party on the basis of the facts provided with it. If any application comes to the commission regarding the claim of the election symbol, then it is the constitutional duty of the commission to take a decision after considering it.

For now, the decision on the real Shiv Sena will be stayed.
At the end of the hearing, the court said that it would be appropriate that the commission should not give any such order, which would add to the complexity of the matter. Court has said that Eknath Shinde On the petition filed with the Election Commission of the camp, the Uddhav camp has to respond by August 8. But if the Uddhav camp demands time from the Election Commission, then the commission will consider it and take a proper decision.

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