21 July,2022 08:12 AM IST | Mumbai | Dharmendra Jore
The petitions were filed before and after the government led by Eknath Shinde displaced the Uddhav Thackeray-led MVA government. File pics
In the case that will decide the course of politics in Maharashtra, the Supreme Court on Wednesday posted a hearing on August 1, and asked the petitioners from the Uddhav Thackeray faction of the Shiv Sena and the Eknath Shinde group and other respondents to file their say by July 27.
The five petitions are about the demand for disqualifying MLAs from both groups, the challenge to the formation of the Shinde-BJP government, its floor test and the governor's role. The development was interpreted as status quo on the disqualification proceedings and the need to examine the complex issue by a larger bench, a constitutional one if need be. The three-member bench presided by Chief Justice N V Ramana heard all the arguments and said, "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 comprised Justices Krishna Murari and Hima Kohli. The petitions were filed before and after the new government displaced the Uddhav Thackeray-led Maha Vikas Aghadi formation. Shiv Sena strongman Eknath Shinde sided with the BJP with 40 party MLAs and 10 independents last month.
The Shinde group's argument was it has not split the party but caused a rebellion within it. The Thackeray group thought otherwise and wanted the MLAs to be disqualified for rejecting the party whip.
In another development, the Shinde group has moved the Election Commission of India to seek the Sena's election symbol of bow and arrow. In a way, it has asked the CEC to recognise it as the official Shiv Sena instead of the Thackeray-led faction. The letter was sent Tuesday night after 12 Lok Sabha MPs replaced their sitting group leader with Rahul Shewale and made Bhavana Gawali chief whip. Lok Sabha speaker Om Birla recognised the new appointments late Tuesday night. A day before, Shinde faction had scrapped the national executive replacing it with members from its fold, but did not replace party president Thackeray and kept his son Aaditya's post intact.
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The MPs haven't claimed to have formed a separate group in Lok Sabha because they don't have two third of the party's strength (19) yet.
Deputy CM Devendra Fadnavis denied reports the SC case had been delaying the cabinet expansion. "We were busy in Presidential elections. The cabinet will be expanded very soon," he said.