Setback for Uddhav as SC refuses urgent hearing on plea seeking suspension of rebels

In another setback for Uddhav Thackeray, the Supreme Court refused to grant an urgent hearing on Shiv Sena chief whip Sunil Prabhu's fresh application. A day after Eknath Shinde took oath as the CM of Maharashtra, Prabhu moved the SC seeking the interim suspension of rebel Shiv Sena MLAs until the final adjudication of the disqualification proceedings against them. Appearing for him, senior advocate Kapil Sibal argued that Shinde violated the 10th schedule of the Constitution the moment he was sworn in as the CM as his group had not merged with any party.

However, Justice Surya Kant said, "We are not shutting our eyes. We will take it up on July 11. List the Interlocutory Application along with other pleas and circulate it among parties". When Sibal sought clarity on which Shiv Sena faction will have the right to issue a whip to the MLAs, the bench comprising Justices Kant and JB Pardiwala assured him that they will look into this aspect on July 11. In his plea, Prabhu contended that the act of the rebels toppling the Uddhav Thackeray-led government and staking a claim to form a new government by aligning with the opposition party attracts instant disqualification.

Here is Sunil Prabhu's prayer:

1. Pass an interim order suspending the rebel MLAs against whom disqualification petitions are filed till the final adjudication of the disqualification proceedings
2. In the alternative, restrain the aforesaid MLAs from entering the Maharashtra Assembly or participating in any proceeding related to the House till the final adjudication of the disqualification proceedings
3. Pass any other order or direction that the court may deem fit in the facts and circumstances of the present case

SC relief for Eknath Shinde camp

On Monday, an SC bench comprising Justices Kant and Pardiwala extended the time granted by Deputy Speaker Narhari Zirwal to 16 rebel Shiv Sena MLAs to submit their response to the disqualification petition until July 12. They had challenged the disqualification proceedings initiated against them and Shinde's replacement as the Legislative Party leader. The MVA government received another blow as the SC refused to entertain Prabhu's plea seeking a stay on the floor test scheduled for June 30. Minutes after the order, Uddhav Thackeray resigned as the Maharashtra CM.