CHENNAI: The Supreme Court on Tuesday referred to a five-judge bench the petitions filed by the Shiv Sena and Maharashtra Chief Minister Eknath Shinde raising several constitutional questions related to defection, merger and disqualification.
A bench headed by Chief Justice N V Ramana ordered the listing of petitions before the constitution bench on Thursday and directed the Election Commission not to pass any orders on Shinde faction’s plea that it be considered the real Shiv Sena and granted the party’s poll symbol.
“List matter before Constitution Bench day after tomorrow and issue as to whether proceedings before Election Commission should go on or not can be considered by that bench. Till such time let the Election Commission not take any action,” the CJI said after considering the request made by Senior Advocate Kapil Sibal for restraining the ECI from deciding Shinde’s claim.
While referring the matter to a larger bench, the CJI led bench noted that it was imperative to settle the issue related to the power of the Speaker/Deputy Speaker to initiate disqualification proceedings when such proceedings had been initiated against him.
Court also said that the issue as to whether a petition under Article 32 or 226 could lie against disqualification proceedings and could a court holds that member was deemed to be disqualified due by virtue of his own actions.The bench was hearing pending cases related to the recent political crisis in Maharashtra that led to the fall of the Maha Vikas Aghadi (MVA) government in the state.