There is an urgent need to hear petitions related to the situation unfolding in Maharashtra in the wake of Chief Minister Uddhav Thackeray-led Eknath Shinde’s rebellion against the Maha Vikas Aghadi (MVA) government, the latter’s faction told the Supreme Court on Tuesday.
Senior advocate Devdutt Kamat, appearing for the Thackeray faction, referred to the petitions that have been filed by each faction against the other before a bench headed by the Chief Justice. India DY Chandrachud and said there exists urgency to hear the pending petition as the government being run in the state is “unconstitutional” and a hearing is necessary to decide the issue.
The bench said that the hearing will be held on January 13, 2023, as the constitution bench will not sit next week due to miscellaneous hearing week.
A bench comprising the then Chief Justice NV Ramana, Justices Krishna Murari and Hima Kohli has already framed 11 questions for consideration of the Constitution Bench.
army vs army
In June, Shinde had moved the Supreme Court, seeking a direction to the deputy speaker not to act on a disqualification petition filed by the Shiv Sena, seeking disqualification of Shinde and other MLAs .
A vacation bench of Justices Suryakant and Pardiwala had extended the time given by the Deputy Speaker to Shinde and other MLAs to file their reply on the disqualification petition.
Sunil Prabhu, former chief whip of the Shiv Sena and member of the Maharashtra Legislative Assembly, had moved the Supreme Court under Article 32 of the Constitution, challenging the governor’s communication to hold a floor test on 30 June. The Supreme Court, however, refused to stay the floor test in Maharashtra on 30 June.
Following a hearing in the Supreme Court on 29 June, Shiv Sena MLA from Mahad Bharat Gogawale filed an application, seeking suspension of Shinde and other ‘delinquent legislators’ from membership of the Maharashtra Legislative Assembly as an interim measure. His disqualification petitions. The vacation bench, however, declined urgent listing of the petition.
Read this also | Bow and arrow to whip: Uddhav Thackeray, Eknath Shinde in attack mode | army vs army court battle
Shinde took oath as the Chief Minister of Maharashtra on 30 June. Thereafter, a floor test was conducted on 3 July and Shinde was successful. His camp had filed a petition seeking disqualification of Shiv Sena MLAs who did not vote for Shinde in the floor test.
On 11 July, the Supreme Court orally asked the Speaker of the Maharashtra Legislative Assembly not to decide matters relating to the disqualification of members of the Maharashtra Legislative Assembly until the petitions filed by the disqualified MLAs of the Shiv Sena challenging the disqualification proceedings were heard. are pending before the court. The Uddhav camp has also challenged the governor’s decision to appoint Shinde as the chief minister.
read all latest india news Here