Maharashtra politics: Supreme Court says pleas filed by Sena, rebel MLAs raise constitutional questions

New Delhi The Supreme Court on July 20 said the petitions filed by the Shiv Sena and its rebel MLAs

The Supreme Court on July 20 said the petitions filed by the Shiv Sena and its rebel MLAs raise many constitutional questions relating to defection, merger and disqualification, which may require consideration by a larger Bench.

A Bench headed by Chief Justice N.V. Ramana directed the parties to formulate the issues that require examination by a larger Bench by July 27.

“After hearing the counsels, 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,” the Bench, also comprising justices Krishna Murari and Hima Kohli, said.

The apex court asked the parties to the case to frame issues by July 27 for consideration by a larger Bench and the matter would be heard on August 1.

The Bench was hearing five pending cases related to the recent political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) Government in the State.

At the outset, senior advocate Kapil Sibal, appearing for the Uddhav Thackeray faction of the Shiv Sena, told the Bench that the speaker of the Assembly recognising a whip other than the official whip nominated by the party is mala fide.

“What happens to the verdict of people? The 10th schedule is turned topsy-turvy and has been used to instigate defection,” Mr. Sibal told the Bench.