Sena vs Sena
Sena vs Sena: SC to decide on claims of Shinde and Thackeray camps on Aug 8
New Delhi: The Supreme Court will decide on August 8 a case relating to the leadership dispute between two Shiv Sena camps, one led by rebel leader and now Maharashtra CM Eknath Shinde and the other by Uddhav Thackeray, who is struggling to keep the leadership of the party his father Bal Thackeray had founded, media reports said.
Both sides have locked horns in Supreme Court to get constitutional approval of their claim of representing the original Shiv Sena.
The MVA coalition government in the state was unseated after several Shiv Sena MLAs joined rebel leader Eknath Shinde's faction.
A three-judge bench headed by Chief Justice of India NV Ramana asked the Election Commission (EC) not to precipitate the dispute as to which faction - Shinde or Thackeray - represents the original Shiv Sena till further orders.
The Eknath Shinde camp has approached the Election Commission of India seeking recognition as the real Shiv Sena ahead of the BMC polls.
Uddhav Thackeray has opposed the claim, saying that a few MLAs cannot decide about the entire party.
Thackeray has demanded the disqualification of the rebel MLAs as they had been ousted due to their anti-party activities.
However, senior advocate Arvind Datar, appearing for the ECI, contended that the disqualification proceedings under the tenth schedule operate in a different territory and do not affect the Commission's power to decide the claim of rival factions for official recognition, reported India Today
"As per rule, we are bound to decide if a claim is raised by a group. Xth schedule is a different territory. If they are disqualified, they cease to be members of legislature. Not a political party. These are different. Whatever happens in the assembly has got nothing to do with the membership of the political party," Datar was quoted as saying in the report.
He argued that the 10th schedule wasn't binding on ECI's decision-making.
"I am a separate constitutional body and the Xth schedule cannot interdict my functions," Datar told the bench.
He also explained the symbol judgment which gives the poll panel power to decide the case.
However, the bench ordered the ECI to not take a "precipitate action" until a ruling is given.
Appearing for the Shinde camp, Senior Advocate Harish Salve submitted a revised list of issues in the case and explained how that there is no case of defection is made out in the case.
Clarifying the facts, Salve said, "Coming to the facts of this case, there is nothing to show that these people left the party. There are two important cases. It may be that a political party can decide to condone. So, it is not a per se illegality. And if months go by before disqualification is decided, are the votes given and decisions taken in the house, are they rendered illegal?" according to the India Today report.
Senior advocate Kapil Sibal appearing for the Uddhav faction countered Salve, saying that the 40 rebel MLAs are disqualified by their conduct and thus, they cannot say that they are the Shiv Sena.
"They are saying they have the support of 40 out of 50 MLAs. Their argument is therefore they are a political party. If 40 MLAs are disqualified, then what is the basis for their claim," Sibal questioned, the India Today report stated.
Sibal was joined by senior advocate Abhishek Manu Singhvi, who said if the MLAs were disqualified, the entire claim based on the support of the majority MLAs does not hold good.
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