Both sides have accused one another of defying the legislator during the Speaker's election and also the trust vote on July 3 and 4, respectively, seeking disqualification of the legislators from each side.
The Supreme Court on Wednesday said the petitions filed by the Shiv Sena and its rebel MLAs raise many constitutional questions which require consideration by a bigger bench. A bench headed by magistrate N V Ramana directed the parties to formulate issues which require examination by a bigger bench by July 27.
"After hearing the counsels it's been agreed that some issues may, if necessary, be brought up a bigger bench also. Keeping in mind the identical, to enable the parties to border the problems, allow them to file the identical preferably by next Wednesday," the bench also comprising Justices Krishna Murari and Hima Kohli said. The matter will now be heard on Lammas Day.
The bench also comprising justices Krishna Murari and Hima Kohli was hearing five pending peas about the recent political crisis in Maharashtra that led to the autumn of the Maha Vikas Aghadi government within the state.
Senior advocate Kapil Sibal, appearing for the Uddhav faction, told a bench headed by judge N V Ramana that Maharashtra Governor Bhagat Singh Koshyari shouldn't have sworn within the new government when the apex court was seized of the matter. "Speaker recognising a whip aside from the official whip nominated by the party is malafide," Sibal told the bench also comprising Justices Krishna Murari and Hima Kohli.
The CJI-led bench on July 11 had granted interim relief to the Uddhav Thackeray faction MLAs by asking Maharashtra Assembly Speaker Rahul Narwekar to not proceed with the plea seeking their disqualification as sought by the Shinde group on the grounds of defying the whip during the trust vote and therefore the election of the speaker.