New Delhi, Feb 5 (IANS): The Supreme Court on Monday said that it will consider listing the plea filed by Shiv Sena-UBT faction challenging the ruling of Maharashtra Assembly Speaker Rahul Narwekar which had held that Chief Minister Eknath Shinde and his camp constitutes the "real" Shiv Sena.
“We will list it,” a bench presided over by CJI D.Y. Chandrachud told senior advocate Kapil Sibal, who appeared on behalf of the Uddhav Thackeray-led faction and mentioned the matter for listing.
“Milords, the matter was to be listed today. If it can be listed, elections are to be held,” Sibal said.
On January 22, the top court had issued notice on a plea filed by Shiv Sena UBT leader Sunil Prabhu and called for the response of CM Shinde and 38 other MLAs within a period of two weeks.
Former CM Thackeray-led Shiv Sena faction has petitioned the Supreme Court questioning the January 10 decision passed by Narwekar holding that the group led by CM Shinde was the real "Shiv Sena" as it commanded a majority in the legislature and also in the party’s National Executive.
The petition also challenges the dismissal of the disqualification petitions filed against CM Shinde and other MLAs of his camp.
On the other hand, ruling Shiv Sena's Chief Whip Bharat Gogavale has petitioned the Bombay High Court seeking disqualification of Thackeray’s faction legislators.
Issuing notice to the 14 Shiv Sena-UBT MLAs and others, a division bench of Justices G.S. Kulkarni and F.P. Pooniwalla has posted the matter for hearing on February 8.
Thackeray’s legislative flock was saved from disqualification with the cross-petitions of both sides getting dismissed by Speaker Narwekar in the impugned January 10 verdict.