Top Court to require up Uddhav plea against rebels

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We aren't shutting our eyes. we'll take it au fait July 

11: Bench

The Supreme Court on Friday agreed to require up a fresh application moved by the Uddhav Thackeray-led Shiv Sena group’s plea for suspension of 39 rebel party MLAs, including chief minister Eknath Shinde, from the Assembly, till the deputy Speaker decides the disqualification petitions filed against them.

A bench of Justice Surya Kant and Justice J.B. Pardiwala assured senior advocate Kapil Sibal appearing for Sunil Prabhu, chief whip of the Shiv Sena, that the court was responsive to the developments and would consider the plea on July 11 when it reopens after the summer recess.

“There may well be no better way of rewarding defection than offering its leader the post of chief minister,” the Shiv Sena’s petition stated.

“The unintended consequence of restraining the Hon’ble Dy. Speaker from proceeding with the disqualification petitions is that rather than curbing the evil of unprincipled political defection clearly motivated by lure of office, the delinquent MLAs led by Shri Eknath Shinde are rewarded with the chief ministership of the State of Maharashtra….”

The court had placed on hold the disqualification proceedings within the Assembly but had allowed the trust vote, following which Uddhav Thackeray government fell. The Sena had sought the MLAs’ disqualification on the grounds that since the breakaway group had not merged with another party, they were in violation of the anti-defection law.

“We aren't shutting our eyes. we'll take it au fait July 11,” the bench said.

The court made the observation after Sibal contended that Shinde was proceeding to make a brand new government.