The Supreme Court on Wednesday said it'll consider on September 27 whether the committee of India (ECI) should proceed to make your mind up which of the 2 groups - the Uddhav Thackeray faction or the one led by Eknath Shinde - be recognised because the 'real' Shiv Sena.
A five-judge Constitution bench headed by Justice DY Chandrachud said it'll hear the applying of the Thackeray group seeking to restrain the ECI from deciding the claim raised by Chief Minister Shinde faction for recognition because the official Shiv Sena party.
At the outset, senior advocate Neeraj Kishan Kaul, appearing for the Shinde group, told the bench that the committee can't be prevented from taking a call which there's urgency in sight of the approaching local body elections.
Senior advocate Kapil Sibal, appearing for the Thackeray group, told the bench that on August 3, the apex court had orally asked the poll panel to not take any precipitative action on the problem.
The top court is seized of several petitions filed by rival groups of Shiv Sena in relevancy the Maharashtra political crisis. In August, the highest court's three-judge bench had brought up a five-judge Constitution bench the problems involved within the petition filed by rival groups of Shiv Sena in respect to the Maharashtra political crisis.
Thackeray-led camp of Shiv Sena had sought be the proceedings before the commission of India on Shinde group's claim for recognition as 'real' Shiv Sena.
Earlier, the Supreme Court three-judge bench had said that a number of the problems involved within the Maharashtra political crisis may require a bigger Constitutional bench for consideration. It had also asked the Speaker of the Maharashtra legislature, Rahul Narwekar to not take any action on the new disqualification notices issued against the members of Shiv Sena.
There are various petitions pending before the apex court filed by both the factions of Shiv Sena. Thackeray-led faction had approached the highest court challenging the Maharashtra Governor Bhagat Singh Koshiyari's decision to ask Eknath Shinde to create the govt. and also the Speaker's election and floor test.
Later that they had challenged Shinde group approaching poll panel claiming they're 'real' Shiv Sena. that they had also challenged the newly appointed Maharashtra Assembly Speaker's action recognising the whip of Eknath Shinde group because the whip of Shiv Sena. The plea said newly appointed Speaker has no jurisdiction to recognise whips nominated by Shinde as Uddhav Thackeray continues to be the pinnacle of Shiv Sena official party.
Thackeray camp's Sunil Prabhu had filed plea seeking suspension from Maharashtra Assembly of recent Chief Minister Eknath Shinde and 15 rebel MLAs against whom disqualification pleas are pending.
Shinde group's challenged the disqualification notices issued by the Deputy Speaker to 16 rebel MLAs in addition as appointment of Ajay Choudhary as Shiv Sena Legislature Party leader, is additionally pending before the apex court.
On June 29, the highest court gave a plow ahead to the ground test within the Maharashtra Assembly on June 30. Refusing to remain the Maharashtra Governor's direction to the then Chief Minister Uddhav Thackeray to prove his majority support on the ground of the House on June 30, the bench had issued notice on Prabhu's plea against floor test.
After the apex court's order, Uddhav Thackeray announced his resignation because the Chief Minister and Eknath Shinde was later sworn-in because the Chief Minister.