Team Thackeray is going to argue that despite four judicial orders, the matter was not listed today
The Supreme Court today hit the pause button on the legal battle between Team Thackeray and Team Shinde for the control of Shiv Sena. The court refused to hold an urgent hearing on the disqualification notices moved by the rival factions against MLAs of the opposite camp.
The Supreme Court said the newly elected Speaker of Maharashtra Assembly, Rahul Narwekar, should be informed that he should not decide on the disqualification notices till the court rules on them.
Chief Justice of India NV Ramana said the matter, which involves multiple petitions, will require the constitution of a bench and will take some time to be listed.
This came after the petitions, earlier scheduled to be heard in the court today, were not mentioned in the updated list.
The Thackeray-led camp thereafter sought an urgent hearing. Senior advocates Kapil Sibal and Abhishek Manu Singhvi, representing the Uddhav Thackeray camp in the top court, argued that despite four judicial orders, the matter was not listed.
Sanjay Raut, Shiv Sena MP and a key member of the Uddhav Thackeray camp, earlier said the petitions are a "big test" for the 'free and fair' judiciary".
"The question is not about the survival of Shinde govt... the larger question is about the survival of Democracy... It's also a big test for the 'free and fair' Judiciary....!" he tweeted.
The Supreme Court is hearing a clutch of petitions from the camps led by Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde, who led the rebellion against the Shiv Sena chief that toppled his government.
The pleas before the court include one related to the pending disqualification notices to 15 legislators in the Shinde camp. The notices were issued by Deputy Speaker Narhari Zirwal as the Assembly did not have a Speaker then.
In another petition, Sunil Prabhu, who was appointed Chief Whip by the Uddhav Thackeray faction, has sought that Mr Shinde and 15 MLAs of his camp be suspended from the assembly.
The Maharashtra Legislature Secretary Rajendra Bhagwat has told the court that Rahul Narwekar has now been elected Speaker, and he would look into the matter of disqualification. The Supreme Court, he has said, should dispose the MLAs' petition challenging the disqualification notices issued by the Deputy Speaker.
Team Thackeray has also challenged the appointment of Eknath Shinde as Chief Minister. Another petition has challenged Governor Bhagat Singh Koshyari's decision to invite Mr Shinde to form the government.
Uddhav Thackeray also moved the Election Commission today with a caveat, urging the poll panel not to pass any order if Mr Shinde stakes claim for the Shiv Sena poll symbol.
The faction led by Mr Thackeray has opposed the decision of newly-elected Speaker Rahul Narwekar to recognise Bharat Gogawale of the Shinde camp as Sena's new Chief Whip in the Assembly. Following his appointment, Mr Gogawale brought disqualification notices against 12 MLAs of the Thackeray camp.
Challenging the disqualification notices against its legislators, the Shinde camp has claimed that it is the "real" Shiv Sena because it has two-thirds of party legislators in the Assembly.
Team Thackeray has argued that these legislators must be disqualified as per provisions of the anti-defection law as they have not merged with the BJP but have conspired with them to bring down an elected government.
Mr Thackeray, who stepped down as Chief Minister last month, has contended that the rebels can't claim to represent the Shiv Sena.
"The original Shiv Sena political party remains under the leadership of Uddhav Thackeray... who was elected president of the Shiv Sena way back on 23.01.2018 when the organisational elections of the were conducted and the same was communicated to the Election Commission on 27.02.2018," Team Thackeray has told the Supreme Court.
Mr Thackeray called a meeting of party MPs at noon that was attended by 13 of 19 parliamentarians. Six MPs, including Eknath Shinde's son Shrikant Shinde, stayed away.
Mr Shinde took the oath as Chief Minister, with the BJP's Devendra Fadnavis as his Deputy, on June 30, after two weeks of political tussle that spanned four states. During the test of strength in Assembly, 40 of the 55 Shiv Sena MLAs supported him.