Supreme Court denies urgent hearing to Uddhav camp but says 'it's aware of what's happening'

As senior advocate Kapil Sibal mentioned the matter before the Supreme Court on Friday, Justice Surya Kant said, "We are conscious of the issue. We have not shut our eyes."

The Supreme Court on Friday declined to give an urgent hearing to a fresh plea moved by the Uddhav Thackeray's camp against Maharashtra chief minister Eknath Shinde and the other MLAs who had rebelled against the former Maha Vikas Aghadi government. As Shiv Sena chief whip Sunil Prabhu moved the plea, senior advocate Kapil Sibal mentioned the matter on the behalf of the Uddhav camp and said whose whip will be counted if both factions (Uddhav and Shinde) issues their respective whips. The Sena also sought an order restraining Shinde and the rebel MLAs from entering the assembly.

Sena versus Sena battle goes on as Shiv Sena chief whip Sunil Prabhu has approached the Supreme Court a day after Eknath Shinde took oath as the chief minister of Maharashtra. 

Calling Shinde and the rebel MLAs 'pawns of the BJP', the Sena in its plea said they have committed the "constitutional sin of defection" and should not be allowed to participate in the house for a single day.

Without issuing a restraint order, the Supreme Court said it is conscious of what is happening. "Whatever is happening is happening, but we will examine this issue on July 11," the top court said.

"We are conscious of what is happening. Let us see what the procedure is and how it is applied," Justice Surya Kant said.

The vacation bench of Justice Surya Kant and Justice JB Pardiwala on Monday gave interim relief to the rebel MLAs after they were asked by Maharashtra assembly deputy speaker Narhari Zirwal to respond to their disqualification notice by June 27. As the rebel MLAs approached the top court, the vacation bench allowed them time till July 12 to send their replies.

In the meantime, Maharashtra governor BS Koshyari called for the floor test. The Sena moved against the floor test saying that the move is against the Supreme Court's earlier order. Without solving the disqualification issue, a floor test can not be held, it argued, as those MLAs whose disqualification has been sought should not take part in the floor test. The Supreme Court declined to stay the floor test following which Uddhav Thackeray resigned from the chief minister's post on Wednesday. The very next day, Eknath Shinde, the Sena MLA who led the rebellion, was sworn in as the chief minister.