Issue raises Constitutional questions related to defection, merger: Court
The Supreme Court is all set to refer to a “larger” bench the issue of the merger (of a political party), defection, and disqualification arising out of the petitions filed by the Shiv Sena and its rebel MLAs during the recent Maharashtra political crisis.
The court on Wednesday ordered the legislature secretary for safe custody of the Maharashtra Assembly records and observed that petitions filed by the Shiv Sena and its rebel MLAs raise many Constitutional questions, which may require consideration by a larger bench.
A bench headed by Chief Justice NV Ramana directed the parties to formulate the issues that require examination by a larger bench by July 27 after more than an hour long arguments from all sides.
“After hearing the counsels, it has been agreed that some issues may, if necessary, be referred to a larger bench also. Keeping in mind the same, to enable the parties to frame the issues, let them file the same preferably by next Wednesday,” the bench, also comprising justices Krishna Murari and Hima Kohli, said. The apex court asked the parties to the case to frame issues by July 27 for consideration by a larger bench and the matter would be heard on August 1.
The bench was hearing five pending cases related to the recent political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) Government in the State. Senior advocate Kapil Sibal, appearing for the Uddhav Thackeray faction of the Shiv Sena, told the bench that the Speaker of the Assembly recognising a whip other than the official whip nominated by the party is malafide. “What happens to the verdict of people? The 10th schedule is turned topsy-turvy and used to instigate defection,” argued Sibal.
He said that the Governor could not have sworn in an individual (Eknath Shinde) who had sought to separate himself from the party elected to power by people and thus, was disqualified under the 10th schedule of the Constitution.
Senior advocate Abhishek Manu Singhvi, appearing for the former chief whip of the Shiv Sena, Sunil Prabhu, said a day before departing for Guwahati, the members of the party’s rebel faction sent an e-mail to the Deputy Speaker, seeking his removal.
“This email was sent from an unauthorised email ID. The Deputy Speaker takes it, seizes it and says it is not on record,” Singhvi said while terming the majority attained by the Shinde faction in the Maharashtra Assembly a “contrived majority”.
Senior advocate Harish Salve, appearing for Chief Minister Shinde, stated that in a democracy, MPs may gang up and tell the Prime Minister that “sorry, you cannot continue”. “If a leader gathers strength within the party and stays in it to question its leader without leaving the party, it is not defection,” argued Salve, objecting to Sibal and Singhvi’s demand for summoning the Assembly records by the apex court.
Salve asked the court that if a large number of people in a political party feel that another man should lead them, what is wrong in it? “Heavens do not fall if a Chief Minister is changed. Let us get into whether the Speaker was appointed as per law and not on the crisis of democracy and all that,” Salve said.
At this juncture, the CJI said, “Initially, I had some doubts. This is a politically sensitive case and I do not want to give an impression that we are tilted.” The CJI-led bench had, on July 11, granted interim relief to the Thackeray faction MLAs by asking Maharashtra Assembly Speaker Rahul Narwekar not to proceed with a plea seeking their disqualification as sought by the Shinde group on the ground of defying the party whip during the trust vote and the election of the Speaker.
The top court is seized of five petitions and the first one was filed by the Shinde faction during the summer vacation, wherein some rebel Sena MLAs challenged the disqualification proceedings initiated by the Deputy Speaker.
