Uddhav Thackeray's government in Maharashtra crashed in June after a coup led by Eknath Shinde
In a huge setback for Uddhav Thackeray in his fight against Eknath Shinde, the Supreme Court today refused to stop the Election Commission from deciding who forms the real Shiv Sena.
Uddhav Thackeray's faction had requested the Supreme Court to stop the Election Commission from deciding on the claim of Eknath Shinde-led group over the "real" Shiv Sena and its symbol.
The Supreme Court's Constitution bench heard the petition.
Uddhav Thackeray's government in Maharashtra crashed in June after a coup led by his former aide Eknath Shinde split the Shiv Sena, founded by his father Bal Thackeray. Mr Shinde went on to form a new government along with the BJP.
Mr Shinde was sworn in as Chief Minister on June 30, with the BJP's Devendra Fadnavis as his deputy.
Team Thackeray approached the Supreme Court seeking the disqualification of the rebel MLAs led by Mr Shinde. If the MLAs are disqualified, Mr Shinde's government could be in trouble.
Mr Thackeray had asked the Supreme Court to hold any decision on the "real Shiv Sena" until the disqualification question was settled.
Of 55 Shiv Sena MLAs, Mr Shinde has the support of 40. The Shinde faction also has most of the party MPs on its side -- 12 of 18 members.
The Election Commission decides on such disputes on the number of elected MLAs, MPs and office bearers backing each faction.
Thackeray camp contended because the disqualification proceedings against the rebel MLAs are pending and if they stand disqualified, then they cannot be counted in Symbol dispute proceedings but the Supreme Court has held that both are two separate proceedings.
On August 23, the Supreme Court referred to a five-judge bench petitions filed by the Uddhav Thackeray and Shinde-led factions raising several constitutional questions related to defection, merger and disqualification.
The court said the petitions raise important constitutional issues on the disqualification of defecting MLAs, the power of the Speaker and the Governor and judicial review.
The Thackeray faction had told the court that MLAs loyal to Eknath Shinde could easily avoid disqualification under the 10th Schedule of the Constitution only by merging with another political party. Team Shinde had argued that the anti-defection law cannot be the shield for a leader who has lost the confidence of his own party.
