The Thackeray-led Maha Vikas Aghadi (MVA) government had tumbled after a rebellion by Shinde and 39 other MLAs against the Sena leadership.
The Supreme Court has dealt a blow to the Uddhav Thackeray Shiv Sena faction by allowing the Election Commission of India to continue proceedings on Eknath Shinde camp’s plea staking claim over the Shiv Sena’s symbol.
“We direct there shall be no stay on proceedings before the election commission,” the top court said after a day-long hearing on the Uddhav camp’s plea seeking a stay on the ECI proceedings till the related disqualification matter is resolved.
The Constitution Bench headed by Justice DY Chandrachud included Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha.
The Thackeray-led Maha Vikas Aghadi (MVA) government had tumbled after a rebellion by Shinde and 39 other MLAs against the Sena leadership. Later, the faction formed an alliance with Bharatiya Janata Party (BJP). Shinde was sworn in as the Chief Minister on June 30 while BJP’s Devendra Fadnavis as his deputy.
Last month, the Supreme Court had referred to a five-judge bench the pleas filed by the Shinde and Thackeray-led factions raising many constitutional questions related to defection, merger and disqualification.
It had asked EC not to give any orders on the Shinde group’s petition that it be considered the real Shiv Sena and be granted the party’s poll symbol.
Earlier, the Thackeray faction had submitted that Sena MLAs loyal to Shinde can save themselves from disqualification under Constitution’s 10th Schedule only by merging with another political party. The Shinde faction had encountered the anti-defection law is not a weapon for a leader who has failed the confidence of his own party.
The 10th Schedule provides for the prevention of defection of the elected and nominated members from their political parties and contains stringent provisions against defections.