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Real Sena: SC to hear on August 1 Uddhav faction's plea against EC proceedings

The Supreme Court 

A bench comprising Chief Justice N V Ramana and justices Krishna Murari and Hima Kohli was urged by senior advocate Kapil Sibal, appearing for the Uddhav Thackeray faction, that the ongoing proceedings before the poll panel needed to be stayed as it would impact the hearing in the case.

The top court said it would tag the fresh plea and hear it together with pending ones on August 1.

Recently, the Election Commission asked Uddhav Thackeray and incumbent Maharashtra Chief Minister Eknath Shinde to submit documentary evidence to prove that they alone enjoy respective majority support in the Shiv Sena party. 

The poll panel has asked both the factions to file their replies by 1 pm on August 8.

The Shinde faction of the Shiv Sena last week had written to the Commission seeking allocation of the party's 'bow and arrow' election symbol to it, citing the recognition granted to them in the Lok Sabha and the Maharashtra Assembly.

Earlier, on 20 July, the SC had directed the Maharashtra Speaker to maintain status quo and not decide on any disqualification applications and it would hear the matter next on 1 August the pleas relating to Maharashtra political crisis.

SC had also said that the issues in petitions may require reference to a 5-judge bench and also told the Legislative Assembly secretary to keep all records in safe custody.

Senior advocate Kapil Sibal representing Uddhav Thackeray's camp told the apex court that every elected government in this country can be toppled if this case can be accepted. "Democracy is in danger if state governments can be toppled despite the bar under the 10th schedule," Sibal said.

Last month, India observed one of the ugliest political crises in Maharashtra as the fight between two factions of Shiv Sena (Uddhav Thackeray and Eknath Shinde) intensified. Shinde, a grassroots Maratha politician always identified with his party's planks of Hindutva and ethnic sub-nationalism and said Thackeray was a 'fake Shiv Sainik'. Therefore, Shinde led a revolt against Uddhav Thackeray and the Maha Vikas Aghadi (MVA) government comprising an alliance among Shiv Sena, Congress, and National Congress Party. Subsequently, he won the support of several Shiv Sena MLAs and pressurized Thackeray to gove up the chief ministerial post. And, this rebellion led to the collapse of the Thackeray-led MVA government. On June 30, Shinde took oath as Maharashtra CM along with BJP's Devendra Fadnavis as his deputy. Since then, Shinde has claimed that the majority of the MLAs are with him.

Shinde's camp has selected the Speaker and Chief Whip in Maharashtra and has also picked the party's floor leader in Lok Sabha after 12 of the 19 MPs gave their support to the rebel camp.

On the other hand, Thackeray's faction claimed that the appointments were 'illegal' until the Supreme Court decides on disqualification notices that were issued against the rebel legislators before the MVA government fell.

Meanwhile, Shinde's faction is reportedly moving to take control of the Shiv Sena's representative council. The council is Sena's largest official forum with 282 mebers and comprises Sena office-bearers from party president to Shakha pramukhs

(With inputs from PTI)

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