Breathing space for Team Uddhav: SC asks EC to postpone action on Shinde Camp's assertion that it is

A bench headed by Chief Justice N V Ramana said it would take a call by Monday on referring the matters related to the recent Maharashtra political crisis to a constitution bench


Breathing space for Team Uddhav: SC asks EC to postpone action on Shinde Camp's assertion that it is the "Real Shiv Sena" On Thursday, the Supreme Court instructed the Election Commission to defer making a judgment regarding the Eknath Shinde faction's request to be recognized as the legitimate Shiv Sena and given the right to use the party election emblem.



A bench led by Chief Justice N V Ramana announced that it would decide by Monday on whether to send the recent political crisis in Maharashtra to a constitution bench.



The five-judge constitution bench, which also included justices Krishna Murari and Hima Kohli, will be decided upon, the bench stated.


During the recent political crisis in Maharashtra, the Shiv Sena and its rebel MLAs filed petitions with the supreme court that addressed constitutional problems, such as those concerning party splits, mergers, defections, and disqualifications.


In this situation, Uddhav Thackeray and his group of MLAs do not want the Election Commission to rule just yet. It had previously sought the court to halt the poll panel's actions until the outcome of the dispute over the "rebel" MLAs led by Shinde.


In the meantime, the top court on Wednesday ordered the Shinde-led Shiv Sena faction to revise their responses to petitions concerning constitutional problems brought out by the opposing Uddhav Thackeray faction.


The MLAs who have joined with the Shinde camp may only avoid disqualification under the tenth schedule of the Constitution by uniting the breakaway group with another party, according to senior counsel Kapil Sibal, who is representing the Uddhav Thackeray faction. Sibal had previously informed the court, which also included justices Krishna Murari and Hima Kohli, that they had no alternative available defense. Sibal stated, "Just because you've been elected doesn't mean the connection to your political party is severed and you have nothing to do with it.


The anti-defection statute is not a tool for the leaders who lack the numbers to lock their members, according to senior counsel Harish Salve, who was speaking on behalf of the Shinde side. Salve had stated, about factual elements, that it was untrue that the MLAs had freely renounced their affiliation with the political party.


"This is not a defection case. Today, there is an intra-party rebellion, and no one has voluntarily resigned from the party, according to Salve. The court indicated after hearing the arguments that it would resolve the issue to be decided by it on Thursday and ordered Salve to rewrite the legal questions.


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