The REAL Shiv Sena? Five-judge SC bench to decide

Supreme Court. File pic

The Supreme Court on Tuesday referred to a five-judge bench the petitions filed by the Shiv Sena and Maharashtra Chief Minister Eknath Shinde raising several constitutional questions related to defection, merger and disqualification. The top court ordered the listing of petitions before the constitution bench on Thursday and directed the Election Commission not to pass any orders on the Shinde faction's plea that it be considered the real Shiv Sena and granted the party's poll symbol.

A bench headed by Chief Justice N V Ramana said the batch of petitions raises important constitutional issues relating to the 10th Schedule of the Constitution pertaining to disqualification, power of the Speaker and Governor and judicial review.

The apex court said the proposition of law laid down by the constitution bench in the Nabam Rebia case relating to the 10th Schedule stands on a contradictory reasoning which requires gap filling to uphold constitutional morality.

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The 10th Schedule provides for the prevention of defection of the elected and nominated members from their political party and contains stringent provisions against defections.

"The matters raise important issues which need consideration by a five-judge constitution bench. List the matter before the constitution bench the day after tomorrow and the bench will decide about the symbol related to the Election Commission proceeding at the beginning," the bench also comprising Justices Krishna Murari and Hima Kohli said.

The bench was hearing pending cases related to the recent political crisis in the state that led to the fall of the Maha Vikas Aghadi (MVA) government.

The Uddhav Thackeray faction of the Shiv Sena had earlier submitted that party MLAs loyal to Maharashtra Chief Minister Eknath Shinde can save themselves from disqualification under the Tenth Schedule of the Constitution only by merging with another political party.

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