Maharashtra Politics- Shiv Sena Vs Shiv Sena- Supreme Court Hearing- LIVE UPDATES

Supreme Court to decide on referring the cases relating to Shiv Sena rebellion to Constitution Bench. CJI says a decision on reference likely by Monday (August 8). The bench also orally asks the Election Commission of India to not take any precipitative action on the claim raised by Shinde group for recognizing them as the real Shiv Sena party in the meanwhile. Bench observes in the order that ECI may give reasonable adjournment to the Uddhav Group to file their responses in view of the pendency of the matter in the Supreme Court.

The list of questions submitted by Senior Adv Harish Salve for Eknath Shinde group.

Bench dictates order : Heard all counsels. All the counsels submitted the issues which may arise. Whether to refer to 5-judge bench or not will be decided after considering the issues. We will take a call.

The date by ECI is 8th August to file an affidavit. They may file a representation before ECI to seek time in view of the pendency of this matter. ECI may consider.

CJI : Mr.Datar, let them file affidavits. But can't you hold...let no precipitative action be taken..we are not passing any order. But at the same time don't take any precipitative action..

Sibal : None of the cases so far relates to disqualification proceedings pending.

Salve : Two paras of my application has been read out of context. Suppose all of us are disqualified, and the next election comes, can we not say that we are not the real political party?

Sibal : None of the cases so far relates to disqualification proceedings pending.

Datar for ECI : The 10th schedule has not interfered with the ECI's powers. Regulation came in 1965. 10th schedule has not interdicted the powers of the Election Commission.

Datar for ECI : I am a separate constitutional body and the 10th schedule cannot interdict my functions.

Datar : 10th schedule is a different territory. If they are disqualified, they cease to be members of legislature. Not political party. These are different

Datar for ECI: Whatever happens in the assembly, that has got nothing to do with the membership of the political party.

Datar : As far as ECI is concerned, it is governed by RP Act and Election Symbols Order. As per Rule, we are bound to decide if a claim is raised by a group. Election Commision is concerned under political party.