NEW DELHI: Maharashtra Deputy Chief Minister Devendra Fadnavis arrived here on Thursday amid speculation of the much-delayed expansion of the state council of ministers.
Fadnavis was expected to meet top BJP leaders, including Home Minister Amit Shah and party chief J P Nadda, to discuss the political situation in the state even as the Supreme Court continued to hear a bunch of petitions in connection with the change of government in Maharashtra.
Maharashtra Chief Minister Eknath Shinde, who was indisposed and advised rest by doctors, stayed back in Mumbai.
Shinde and Fadnavis were sworn in as chief minister and deputy chief minister, respectively on June 30 after the then incumbent Uddhav Thackeray quit the post due to a rebellion in the Shiv Sena ranks.
Shinde and Fadnavis have been holding fort as a two-member cabinet, apparently awaiting the decision of the apex court.
Speculation has been rife in Mumbai about an impending expansion of the council of ministers either on Friday or early next week.
The opposition parties in Maharashtra took jibes at Shinde and Fadnavis over the delay in the expansion of the cabinet.
"As reported by media, Mr. Eknath Shinde cancels all his programs suddenly citing instructions from doctors to rest, then Mr. Devendra Fadnavis rushes to Delhi to finalize ministry. The coincidence of events or evidence of who is dictating the Maharashtra Govt? Join the dots people," NCP spokesperson Clyde Crasto said on Twitter.
Meanwhile, the Supreme Court on Thursday prevented the Election Commission from taking any precipitate action on the plea filed by Shiv Sena faction led by Eknath Shinde seeking recognition as the real Shiv Sena for the time being.
Shinde camp is also claiming to be the party’s poll symbol — ‘Bow and Arrow’. A bench headed by CJI N V Ramana said it would take a call by Monday on referring the matters related to the recent Maharashtra political crisis to a Constitution bench.
The apex court also told the poll panel that if the Thackeray faction seeks time to file a response to its notices on Shinde faction’s petition, it should consider their request and grant reasonable adjournment.
“Counsels submitted the issues which may arise to decide this case and whether to refer the matter to a five-judge constitution bench. This will be decided taking into consideration the submissions and the issues framed. We will take a call and at the same time, the date fixed by the EC is August 8 to submit a reply by the petitioners (Shinde group). If they (Uddhav) want some more time in view of the pendency of the matter then they will file an application seeking time. It is open for EC to grant reasonable adjournment,” the bench, also comprising justices Krishna Murari and Hima Kohli, said.
The apex court was hearing the petitions filed by the Shiv Sena and its rebel MLAs during the recent Maharashtra political crisis which raised constitutional issues including those related to splits, mergers of political parties, defections, and disqualifications.
As the hearing began, senior advocate Harish Salve, appearing for the Shinde faction, submitted a revised list of legal issues on petitions filed by the rival Uddhav Thackeray group.
Advocate Arvind Datar, who is appearing for the EC, submitted that the ECI is governed by the Representation of the People Act; it is bound to decide if a claim is raised by a group.
The top court also told the poll panel that if the Thackeray faction seeks time to file a response to its notices on Shinde faction's petition, it should consider their request and grant reasonable adjournment.
"Counsels submitted the issues which may arise to decide this case and whether to refer the matter to 5 judges constitution bench.
This will be decided taking into consideration the submissions and the issues framed.
"We will take a call and at the same time, the date fixed by the EC is August 8 to submit a reply by the petitioners (Shinde group). If they (Uddhav) want some more time in view of the pendency of the matter then they will file an application seeking time. It is open for EC to grant reasonable adjournment," the bench, also comprising justices Krishna Murari and Hima Kohli, said.
The apex court was hearing the petitions filed by the Shiv Sena and its rebel MLAs during the recent Maharashtra political crisis which raised constitutional issues including those related to splits, mergers of political parties, defections, and disqualifications.
At the outset, senior advocate Harish Salve, appearing for the Shinde faction, submitted a revised list of legal issues on petitions filed by the rival Uddhav Thackeray group.
Salve said the anti-defection law cannot be an "anti-dissent" law.
"There is no per se illegality principle, until and unless there is a finding of disqualification," Salve said.
The bench, at this juncture, said, "If you are completely ignoring the political party after being elected then it is a danger to democracy."
Senior advocate Kapil Sibal, appearing for the Thackeray group, submitted that the 40 rebel MLAs stand disqualified by their conduct and they cannot say that they are the real Shiv Sena.
Senior Advocate Arvind Datar, who is appearing for the Election Commission, submitted the ECI is governed by the Representation of the People Act it is bound to decide if a claim is raised by a group.
"Tenth schedule is a different territory. If they are disqualified, they cease to be members of the legislature. Not a political party. These are different. Whatever happens in the Assembly, that has got nothing to do with the membership of the political party," Datar said.
The Tenth Schedule of the Constitution provides for the prevention of defection of the elected and nominated members from their political party and contains stringent provisions against defections.
The Uddhav Thackeray faction of the Shiv Sena had told the apex court on Wednesday that party MLAs loyal to Maharashtra Chief Minister Eknath Shinde can save themselves from disqualification under the Tenth Schedule of the Constitution only by merging with another political party.
The bench had asked the Shinde faction to redraft the legal issues of split, merger, defection and disqualification raised in petitions filed by the Thackeray camp that are to be adjudicated upon following the recent political crisis in Maharashtra.
Meanwhile, a Shiv Sena delegation on Thursday met Maharashtra Director General of Police Rajnish Seth and asked him to find the "real" culprits involved in the attack on rebel MLA and former state minister Uday Samant.
Samant's car was attacked in Pune on Tuesday night, with a video that went viral on social media showing a mob surrounding the vehicle and shouting slogans.
The police has so far arrested five persons, including the Sena's Pune city unit chief Sanjay More and its Hingoli-based leader Baban Thorat.
Thorat, who was detained from Mumbai, is accused of inciting Shiv Sena workers to attack the vehicles of rebel legislators, police have said.
They have been remanded in police custody till August 6.
"You don't see any weapon in anyone's hand but still a false complaint is lodged. They (the party workers) are in custody without any reason. They were not even present at the spot," Sena spokesperson Arvind Sawant told reporters after meeting DGP Seth.
Sawant was accompanied by other Uddhav Thackeray-faction leaders like Neelam Gorhe, the Deputy Chairperson of the Legislative Council, Sena secretary Vinayak Raut and MLCs Sachin Ahir and Manisha Kayande.
On Wednesday, Sena leader Subhash Desai had termed the attack as a "spontaneous" reaction to "traitors".
"I don't support violence. No one should take law in one's hand and resort to such vandalism. But these are spontaneous reactions of people. If someone betrays and then roams freely, then not just Shiv Sena workers but even the common people of Maharashtra don't like it," Desai, a minister in the previous Thackeray government, had said.
The delegation also told the DGP that Sena workers were being threatened and attacked in many parts of the state and sought police intervention in the matter.
(With PTI Inputs)