New Delhi, The petition filed in the Supreme Court regarding the disqualification of the rebel Shiv Sena MLAs and some powers of the Deputy Speaker is not going to be disposed of soon. The matter will be referred to the Constitution Bench. Before that, the matter was heard in the Supreme Court on Thursday. After hearing the arguments of both the sides, the Supreme Court said that it will consider sending it to the Constitution Bench. At the same time, the court also restrained the Election Commission from taking any decision in this matter.
After hearing the arguments of both the sides on Thursday, the Supreme Court adjourned the hearing till Monday. The Chief Justice’s Bench said- On Monday, the court will pronounce the decision whether the matter should be handed over to a five-judge bench or not? Chief Justice NV Ramanna told the counsel for the Election Commission – August 8 is the date for both the parties to give affidavits in the Election Commission. If any party demands time, the Commission shall consider it. The court asked the Election Commission not to decide on it yet.
The Uddhav Thackeray faction is against sending the matter to a constitution bench. His lawyer Sibal told the Chief Justice- Do not send the matter to the Constitution Bench. We can conclude our argument in two hours. “How can MLAs who can be disqualified claim to be the real party in the Election Commission? On this, the Chief Justice said – no one can be stopped from doing this. On the other hand, the counsel for the Election Commission told the court- If we have any claim of being the original party, then we are legally bound to take a decision on it.
On Thursday, the matter of sacking of 16 Shiv Sena MLAs was first heard. Eknath Shinde faction’s lawyer Harish Salve gave full details of the Speaker’s authority and procedure and said- As long as the MLA is in his post, he is entitled to participate in the activities of the House. Even if he votes against the party, the vote will be valid. On this, the Chief Justice questioned – is the party not controlled by the MLA once he is elected? He is only accountable to the discipline of the legislature party of the party.