The Supreme Court Wednesday asked the Shiv Sena faction led
by Chief Minister Eknath Shinde to redraft his submissions on petitions filed
by the rival Uddhav Thackeray group on constitutional issues arising due to the
recent political crisis in Maharashtra. A bench headed by Chief Justice N V
Ramana was hearing petitions filed by the Shiv Sena and its rebel MLAs on
constitutional issues of splits, merger, defection and disqualification.
Senior advocate Kapil Sibal, appearing for the Uddhav
Thackeray faction, said the MLAs who have sided with the Shinde cam can save
themselves from disqualification under the tenth schedule of the Constitution
only by merging the splinter group with another party.
They have no other defence available, Sibal told the bench,
also comprising justices Krishna Murari and Hima Kohli.
"Once you have been elected it does not mean the umbilical
cord with the political party is severed and that you have nothing to do with
your political party," Sibal said.
Senior advocate Harish Salve, appearing for the Shinde
faction, said the anti-defection law is not a weapon for the leaders who have
lost the numbers to lock their members.
Referring to factual aspects, Salve said it is
not the case that the MLAs have voluntarily given up their membership of the
political party.
"It is not a case of defection. Today it is the case of
intra-party rebellion and nobody has given voluntary membership from the
party," Salve said.
After
hearing the submissions, the bench said it would hear the matter on Thursday to
decide the issue to be adjudicated by it and asked Salve to redraft the
questions of law.
The bench would take the case as first matter on Thursday.
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