The Election Commission was also urged to not make any decisions on Shinde faction's plea. (File)The Supreme Court on Tuesday referred questions arising out of petitions filed by leaders of the Udhav Thackeray and Eknath Shinde factions in the Shiv Sena following a political row that led to the unseating of Thackeray and elevation of Shinde as CM, to a five-judge Constitution Bench.
A bench presided by CJI N V Ramana said the SC’s 2016 decision in Nabam Rebia case regarding the limitations on the power of the Speaker or the Deputy Speaker against whom disqualification application is pending, “requires gap filling to uphold constitutional morality” and added that “the question is therefore referred to the Constitution Bench to conduct the requisite gap-filling exercise”.
The court also said that the Constitution Bench will assemble on August 25 to consider the interim prayer to restrain the ECI from proceeding with applications by the Eknath Shinde camp seeking to be recognised as the real Shiv Sena and claiming right to use the party’s ‘bow and arrow’ election symbol.