Maharashtra crisis: SC says no disqualification of MLAs yet, issues notice to both sides

New Delhi, July 20: The Supreme Court, which is hearing pleas related to Shiv Sena rebellion, said on Wednesday that the issues involved in the Maharashtra petitions need to be referred to a larger bench for consideration. However, the court will decide on the matter during the next hearing.

The top court posted the matter to August 10 and granted time to Maharashtra CM Eknath Shinde-led camp to file an affidavit on the pleas filed by Shiv Sena chief Uddhav Thackeray-led faction.

The apex court said that the issues in petitions may require reference to a 5-judge bench. Speaker will maintain the status quo and not decide on any disqualification applications.

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

"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 appearing for Uddhav Thackeray said in the Supreme Court.

"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," Harish Salve, appearing for the Shinde camp, said in the Supreme Court.

Salve also said that inner part of democracy provides the right to raise voice against the leader. "Raising the voice is not disqualification," he said.

The turmoil began with a rebellion in the Shiv Sena following which Uddhav Thackeray resigned as chief minister on June 29.

A day later, rebel Sena leader Eknath Shinde took an oath as chief minister with the BJP supporting his faction.

The CJI-led bench, on July 11, had granted interim relief to the Uddhav Thackeray faction MLAs by asking Maharashtra Assembly Speaker Rahul Narwekar not to proceed with the plea seeking their disqualification as sought by the Shinde group on the ground of defying the party whip during the trust vote and the election of the speaker.

The top court seized five petitions and the first one was filed by the Shinde faction during the summer vacation when some rebel Sena MLAs moved before it challenging the disqualification proceedings initiated by the deputy speaker.

On June 27, the vacation bench extended the time for the rebel MLAs to file written responses to the deputy speaker's disqualification notice till July 12.

On July 3, Rahul Narvekar of the BJP was elected Speaker of the Maharashtra Assembly.

He had polled 164 votes and defeated Uddhav Thackeray-led Shiv Sena candidate Rajan Salvi, who got 107 votes.

A day before the floor test, Maharashtra Assembly Speaker Narvekar had recognised Gogawale as the Shiv Sena's chief whip, removing Sunil Prabhu, who belongs to the Thackeray faction.

After winning the trust vote in the state Assembly on July 4, the Shinde faction of the Shiv Sena issued a notice to 14 legislators from the Uddhav Thackeray camp for violating a whip issued by the Sena whip and Shinde loyalist Bharat Gogawale.

Both sides have accused each other of defying the party whip during the Speaker's election and the trust vote on July 3 and 4, respectively, seeking disqualification of the legislators from both sides.

Maharashtra legislature secretary also came into the picture and issued show-cause notices to 53 of the total 55 Shiv Sena MLAs in the state, including 39 of the faction led by Shinde and 14 of the Uddhav Thackeray group.

The notices have been issued under the Members of Maharashtra Legislative Assembly (disqualification on grounds of defection) rules. In the trust vote, 164 MLAs voted for the motion of confidence, while 99 voted against it.

The Thackeray faction has also challenged the validity of assembly proceedings held on July 3 and July 4 in which a new speaker of the House was elected and subsequent proceedings of floor test in which the Shinde-led coalition had proved its majority.

It has also filed a plea challenging the decision of the newly-elected Speaker to recognise the new party whip of Shiv Sena rebels led by Shinde.

Prior to this, Prabhu had moved the top court seeking suspension from the assembly of the chief minister and 15 rebel MLAs against whom the disqualification pleas are pending.

The vacation bench of the court had on June 27 granted interim relief to the Shinde faction by extending the time for replying to the disqualification notices sent to 16 rebel Sena MLAs till July 12.

On June 29, the Maharashtra governor had ordered a floor test, prompting the MVA government to rush to the top court seeking its deferment.

The bench refused to stay under the direction of the Governor to the 31-month-old MVA government to take a floor test in the Assembly to prove its majority after which the then beleaguered chief minister Uddhav Thackeray quit office.

After Shinde was sworn in as the chief minister on June 30, Prabhu moved to the top court seeking his suspension and of 15 Sena rebels on various grounds, alleging that they are acting as pawns of the BJP, thereby committing the constitutional sin of defection.