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SC Fixes Nov 29 For Hearing Cases Related To Maharashtra Political Crisis

SC Supreme Court Dalit

The Supreme Court on Tuesday posted for November 29 a batch of petitions filed by both factions of Shiv Sena, that is, led by Uddhav Thackeray and Chief Minister Eknath Shinde, respectively, in relation to the Maharashtra political crisis.

New Delhi: The Supreme Court on Tuesday posted for November 29 a batch of petitions filed by both factions of Shiv Sena, that is, led by Uddhav Thackeray and Chief Minister Eknath Shinde, respectively, in relation to the Maharashtra political crisis.

A five-judge Constitution bench headed by Justice DY Chandrachud asked lawyers to complete the compilation of the case and formulate the salient issues for consideration within four weeks. The bench also comprising Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha said advocates Javed Ur Rehman and Chirag Shah from each side shall act as nodal counsel and they will carry out this exercise within a period of four weeks.

Counsels appearing for contesting parties shall meet and formulate the salient issues for consideration, the apex court added.

Earlier, the top court had allowed the Election Commission of India to decide which faction between Uddhav Thackeray and Chief Minister Eknath Shinde be recognized as the ‘real’ Shiv Sena party and for allotment of the bow and arrow symbol.

The top court has received several petitions filed by rival groups of Shiv Sena in relation to the Maharashtra political crisis.

In August, the top court’s three-judge bench had referred to a five-judge Constitution bench the issues involved in the petition filed by rival groups of Shiv Sena in relation to the Maharashtra political crisis.

Earlier, the Supreme Court three-judge bench had said that some of the issues involved in the Maharashtra political crisis may require a larger Constitutional bench for consideration.

It had also asked the Speaker of the Maharashtra Legislative Assembly, Rahul Narwekar not to take any action on the new disqualification notices issued against the members of Shiv Sena.

There are various petitions pending before the apex court filed by both factions of Shiv Sena. The Thackeray-led faction had approached the top court challenging the Maharashtra Governor Bhagat Singh Koshiyari’s decision to invite Eknath Shinde to form the government and also the Speaker’s election and floor test. Later they challenged Shinde group approaching the poll panel claiming they are ‘real’ Shiv Sena.

They had also challenged the newly appointed Maharashtra Assembly Speaker’s action recognizing the whip of the Eknath Shinde group as the whip of Shiv Sena. The plea said the newly appointed Speaker has no jurisdiction to recognize whips nominated by Shinde as Uddhav Thackeray is still the head of the Shiv Sena official party.

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Thackeray camp’s Sunil Prabhu had filed a plea seeking suspension from the Maharashtra Assembly of new Chief Minister Eknath Shinde and 15 rebel MLAs against whom disqualification pleas are pending.
Shinde group’s challenged the disqualification notices issued by the Deputy Speaker to 16 rebel MLAs as well as the appointment of Ajay Choudhary as Shiv Sena Legislature Party leader, is also pending before the apex court.

On June 29, the top court gave a go-ahead to the floor test in the Maharashtra Assembly on June 30. Refusing to stay the Maharashtra Governor’s direction to the then Chief Minister Uddhav Thackeray to prove his majority support on the floor of the House on June 30, the bench had issued notice on Prabhu’s plea against the floor test.

After the apex court’s order, Uddhav Thackeray announced his resignation as the Chief Minister and Eknath Shinde was later sworn in as the Chief Minister.

(Except for the headline, this story has not been edited by HW News staff and is published from a syndicated feed.)

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