Uddhav Thackeray and Eknath Shinde are vying for control of the Shiv Sena. (File)
In a big relief to former Maharashtra Chief Minister Uddhav Thackeray in the fight over control of the Shiv Sena, the Supreme Court today told the Election Commission not to decide on a plea by rival Eknath Shinde, the Maharashtra Chief Minister, to recognise his group as the real Shiv Sena. The Supreme Court is likely to take a call on Monday on whether the matter needs to be referred to a constitution bench.
Here are the Highlights on Sena vs Sena in Supreme Court:
Live Updates: Supreme Court Restrains Poll Body From Deciding Plea By Team ShindeRelief to Team Thackeray as the Supreme Court restrains the Election Commission of India from deciding a plea by Chief Minister Eknath Shinde to recognise his group as the real Shiv Sena. The Supreme Court is likely to take a call on Monday if the Sena vs Sena matter will be referred to a Constitution Bench.
Poll Body Can't Decide Who's Real Sena Till Disqualification Pleas Decided: Kapil SibalKapil Sibal is now praying that the Election Commission proceedings may be stayed (pertains to who is the real Sena and also claims on the 'bow and arrow' election symbol of the party). Mr Sibal says the ECI can't determine which is real Shiv Sena till a decision on disqualification of rebel MLAs, an issue which is pending before the Supreme Court.
Live Updates: Sena vs Sena In Supreme CourtTeam Shinde: No I am not saying that. My point is very different. On facts of this case, it shows they did not leave the political party.
CJI: So you mean to say that Supreme Court or High Court cannot decide, cannot go into it...you say the Speaker must be allowed to decide first?
Team Shinde: Yes.
LIVE: Ignoring Political Party Will Be A Danger To Democracy, Says CJI
CJI: The political party cannot be totally ignored. It will be a danger to democracy. If you are completely ignoring the political party after being elected then is it not a danger to the democracy...yes or no?
CJI: Can you give us any example on this?
Team Shinde: If a law is passed and they vote for the law, can you say the law is illegal because they are disqualified?
Anti-Defection Law Is Anti-Dissent Law: Team ShindeHarish Salve: Till the time his elections are not set aside all actions are legal. The anti-defection law is anti-dissent law.
Live: What Is The Sanctity Of Whips? Asks Chief Justice Of India
Chief Justice of India (CJI): If that is the case, what is the sanctity of whips? Only anti-defection law doesn't get attracted.
Harish Salve, Arguing For Eknath Shinde, Reads Revised Set Of Questions Of Law
Advocate Harish Salve, arguing for Eknath Shinde, reads the revised set of questions of law he has framed: Our lordships have the revised set of questions. First is whether disqualification under 10 the schedule takes place by the speaker if reaches a conclusion that a member votes against stand of party. Whether disqualification under 10 schedule takes place by if Speaker reaches a conclusion that a member votes against stand of party? My friends argues that its per se. If you committed an act for which you could be disqualified, you can automatically become disqualified.