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Legal News 04 August 2022

The Pinnacle Court asks EC to not act in Sena vs Sena dispute for now

The Supreme Court on Thursday said it'll decide by August 8 whether to see a 5-judge bench the constitutional questions on disqualification of MLAs arising from Maharashtra political imbroglio thanks to rebellion within Shiv Sena that led to toppling of MVA government headed by Uddhav Thackeray.

A bench headed by justice NV Ramana said it might take a call by Monday on referring the matters associated with the recent Maharashtra political crisis to a constitution bench. "We will decide whether to refer the relate the 5-judges constitution bench," the bench, also comprising justices Krishna Murari and Hima Kohli, said. 

The top court asked the commission (EC) to not precipitate the dispute on which faction - Shinde or Thackeray - represents the initial Shiv Sena till further orders.

While the Eknath Shinde faction moved EC seeking recognition as real Shiv Sena, the Uddhav Thackeray camp said that few MLAs cannot decide about the complete party.

"If the Thackeray faction seeks time to file response to its notices on Shinde-faction's petition, it should be considered keeping in mind the views expressed by the apex court," the SC-bench told EC. 

The apex court was hearing the petitions filed by the Shiv Sena and its rebel MLAs during the recent Maharashtra political crisis which raised constitutional issues including those associated with splits, mergers of political parties, defections, and disqualifications.

 

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