Relief to Uddhav Thackeray, SC said – Election Commission should not take any decision on the application of Shinde faction now
The Supreme Court on Thursday heard the petitions filed regarding the political crisis in Maharashtra. During this, the court, giving great relief to Uddhav Thackeray, has asked the Election Commission not to take any decision on the application of Shinde faction.
CJI NV Ramana said that on August 8, all the parties have to file their reply in the Election Commission. If the party seeks time to file its reply, the EC may consider giving it time. The matter will be heard in the Supreme Court on Monday.
Not only this, the court said that it will decide on August 8 whether to send the matter to a 5-judge Constitutional Bench for hearing or not.
Decision on disqualification came first – Singhvi
Hearing the petition filed for the disqualification of the MLAs, the CJI asked Kapil Sibal that this is a matter of recognition of the political party, how should we interfere in this? This is the matter with the Election Commission. To this Sibal said that suppose the commission gives a verdict in this matter. After this, the Supreme Court gives its decision on the disqualification. Then what will happen? Singhvi said that the decision on disqualification should come first.
We are a separate constitutional body – Election Commission
Sibal said that 30/40 MLAs can do any political party and say that it is the real party. On the other hand, it was told by the Election Commission that if any party comes to the Commission in such cases, then this duty of the Commission at that time. Is it that they should decide who is the real party? It was told by EC that we are a separate constitutional body. We have asked for documents. This process is completely different.
Harish Salve said, suppose everyone gets disqualified and elections come, can’t we say that we are the real party. Salve, while supporting the views of the Election Commission, said that even if the MLAs become disqualified, what will be the difference on the political party? The CJI asked the Election Commission whether the Election Commission can adjourn its proceedings till the time the court decides in this matter?
The CJI said, the Election Commission should not decide in this matter yet. But all parties can file affidavit. We are not issuing orders regarding this. But don’t take any action in this matter at the moment.
