SC to hear on July 11 plea of Shiv Sena seeking suspension of CM, rebel MLAs from assembly

The Supreme Court on Friday agreed to hear on July 11 the plea of Shiv Sena chief Sunil Prabhu seeking suspension from assembly of Maharashtra Chief Minister Eknath Shinde and 15 rebel MLAs against whom disqualification pleas are pending.

A vacation bench comprising Justices Surya Kant and J B Pardiwala was urged by senior advocate Kapil Sibal that the plea needed urgent hearing due to the pendency of disqualification proceedings against 16 lawmakers including the chief minister.

The Uddhav Thackeray camp, led by Sunil Prabhu, has moved the Supreme Court seeking suspension of 16 MLAs, including Eknath Shinde, from the Maharashtra Assembly till the disqualification proceedings initiated against them are decided and also urged the court to restrain 'delinquent' MLAs from entering the Assembly.

Prabhu has filed the plea through advocate Javedur Rahman, which will be mentioned on Friday before a vacation bench.

The plea said till date there is no dispute regarding the leadership position of Uddhav Thackeray as the president of the Shiv Sena political party. It cited the resolution passed in national executive meeting of the Shiv Sena political party held on June 25, this year, where Thackeray's leadership was re-affirmed and the conduct of the delinquent MLAs led by Eknath Shinde has been criticised.

The plea said it has further been resolved to take necessary steps to disqualify the rebels from the membership of the Legislative Assembly.

The plea said despite the rebellion carried out by the Eknath Shinde faction, the original Shiv Sena political party remains under the leadership of Uddhav Thackeray, who was elected as the president on January 23, 2018, when the organisational elections of the Shiv Sena were conducted and the same was duly communicated to the Election Commission on February 27, 2018.

The plea said, "Pass an interim order suspending the delinquent MLAs, against whom disqualification petitions have been filed by the Applicant herein, from the membership of the 14th Maharashtra Legislative Assembly, till the final adjudication of the Tenth Schedule proceedings initiated against them."

It further added, "Restrain the delinquent MLAs, against whom disqualification petitions have been filed by the Applicant herein from entering the Maharashtra Legislative Assembly or participating in any proceeding relating to the House till the final adjudication of the disqualification proceedings against them."