NEW DELHI: A political party retains control over its MPs and MLAs and the party’s official directives prevail over the will of the elected members, the Supreme Court observed on Wednesday.
The oral remark came from a bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana during the hearing of a plea against the Maharashtra Speaker’s decision not to disqualify Shinde faction MLAs under the anti-defection law.
“The control of the political party subsists over the legislature party. Any decision of the political party, validly demonstrated, must prevail over any will, even of the majority of the legislature party,” said Justice Bagchi.
The top court was also hearing Uddhav Thackeray’s plea challenging the ECI order that recognised the Eknath Shinde group as the real Shiv Sena.
Senior lawyer Kapil Sibal, appearing for the Uddhav faction, argued that the ECI was wrong in refusing to accept the 2018 party constitution. He added that both sides were appointed under the 2018 constitution and that the 10th Schedule does not recognise ‘split’ anymore—the only defence is merger, which has not happened.
He argued that the ECI lacked jurisdiction to determine the validity of a political party’s constitution. “The poll panel’s decision refusing to recognise the 2018 party constitution on the ground that it was not on record was erroneous,” the senior lawyer contended.
Sibal further argued that Article 11A of the constitution had already been brought to the ECI’s notice in 2013.
CJI Kant asked if there are clear parameters in ECI rules or the party constitution to define “majority of the political party”, calling it a grey area. To this, Sibal cited the Sadiq Ali judgment as laying down the law.
On the point of 10th Schedule, Sibal argued that the concept of ‘split’ stands abolished—merger alone is recognised, and no such merger has occurred. In that light, it was contended that a splinter legislative group cannot lay claim to being the real party.
The SC is examining the interplay between party constitution, ECI powers, and the 10th Schedule. The hearing on Wednesday was inconclusive and would continue on Thursday.