A Bench of CJI NV Ramana on Tuesday heard the petitions related to the formation of the Eknath Shinde-led BJP government in Maharashtra, the disqualification of rebel MLAs, and the right over the bow-and-arrow symbol of Shiv Sena.
The Top Court had ordered for listing the matter before the Constitution Bench day on Thursday so that the bench can decide about the symbol-related Election Commission proceeding at the beginning.
The Court has also instructed the Election Commission for not taking any decision till the Constitution Bench hears the matter day after tomorrow.
The CJI said that a Constitution Bench was required to look to the power of the Deputy Speaker to initiate disqualification proceedings.
CJI said “It is important to highlight on power of deputy speaker to initiate disqualification proceeding when such proceeding has been initiated against him. What is impact of removal of para 3 of the Tenth Schedule? What is the scope of interplay with Tenth Schedule? What is the scope of powers of Speaker? What is the scope of power of ECI when there is rift in party? All these questions to be decided by the larger bench.
When the political crisis began in Maharashtra, the then Deputy Speaker gave disqualification notice to the rebel MLAs of the Shinde faction for acting against the party whip while voting during the Member of Legislative Council (MLC) elections in the State. The rebel MLAs approached the Apex court against the disqualification notices.
On June 27,the Supreme Court extended the time to file responses to the disqualification notices sent by the Deputy Speaker, till July 12 and thus granted interim bail to Shinde and his rebel group of MLAs floor test . The Court also gave a go-ahead to the floor test by Governor Bhagat Singh Koshyari.
This led to the downfall of the Thackeray government while Shinde took oath as the new Chief Minister with the backing of the BJP, which was the single largest party in the House.
The Thackeray camp also filed several petitions before the top court,one of the petitions also challenged the illegal summoning of the Assembly by the Governor of Maharashtra for conducting the floor test.The other petition challenged the illegal order by the newly appointed Speaker removing Ajay Chaudhary and Sunil Prabhu from the posts of leader as well as Chief Whip of the Shiv Sena Legislature Party respectively.
The Shinde faction in the meanwhile had approach the Election Commission to decide which the real Shiv Sena-the Shinde camp is or the Thackeray camp.
The Thackeray went to the Supreme Court, contending that the Election Commission should not decide the Shinde camp’s plea until the petition on the disqualification of the rebel MLAs is decided by the apex court.