Supreme Court to hear Shiv Sena faction dispute on February 14

Uddhav Thackeray was forced to step down as chief minister of Maharashtra in June last year after 41 MLAs of Shiv Sena led by Eknath Shinde walked out of the party

The Supreme Court will begin its hearing on the constitutional issues arising over the rift within the Shiv Sena factions on February 14 even as the Eknath Shinde faction, told the court that the argument raised by the Uddhav Thackeray faction to seek reference of a 2016 Constitution bench decision to another bench of seven judges was purely “academic” as the court must examine if the matter between the two sides is still alive.

In September last year, both factions vied for the party symbol ahead of municipal polls in the state. (File image)

Appearing for Shinde group, senior advocate Harish Salve said, “This court needs to examine as to what extent the matter is alive and what remains.”

The argument came as a Constitution bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud took up a clutch of petitions on the Maharashtra political crisis last year filed by the rival factions staking claim to be the ‘real’ Shiv Sena.

As the bench, also comprising justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha, decided to post the matter for consideration on February 14, senior advocate Kapil Sibal appearing for the Thackeray faction reiterated that the court must consider the issue of referring the 2016 judgment in Nabam Rebia case to a seven-judge bench.

The 2016 decision related to Speaker’s power to deal with disqualification pleas and held that Speaker cannot decide on disqualification pleas of members when a resolution seeking his removal is pending adjudication in the Assembly.

Sibal had questioned this decision given by a five-judge bench and suggested that the entire batch of matters be referred to a seven-judge bench to take a final call on whether the 2016 decision was rightly decided.

Salve told the court, “The argument to refer the matter to seven judges is purely academic now.”

The Thackeray faction maintained that this will be the opening argument on which Court will have to give a preliminary finding before proceeding ahead with the main case.

Thackeray was forced to step down as chief minister of Maharashtra in June last year after 41 MLAs of Shiv Sena led by Shinde walked out of the party.

The Maha Vikas Aghadi (MVA) government lost majority and with support of Bharatiya Janata Party (BJP), Shinde took oath as chief minister on June 30.

The Shinde faction approached the top court questioning the Speaker’s decision to disqualify the MLAs.

The rival faction too filed separate proceedings questioning the authority of Shinde-led government to appoint the whip and leader of the legislative party in the Assembly.

The petitions were referred to a Constitution bench on August 23 as disputed questions of law were raised on the power of the Speaker to initiate disqualification proceedings when his removal is pending before the House.

In September last year, both factions vied for the party symbol ahead of municipal polls in the state.

In October, the election commission decided to freeze the symbol and directed the two factions to select an independent symbol.

The matter was last heard on December 13 when Sibal raised doubts over the correctness of the Nabam Rebia decision.

The court had permitted him to circulate a copy of his notes on this aspect to the other side while posting the matter on Tuesday to determine a fixed date to begin hearing in the matter.