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The Uddhav Thackeray faction has informed Supreme Court today that there is an urgent need for hearing the petitions concerning the situation which unfolded in the state of Maharashtra in wake of Eknath Shinde's rebellion against the Maha Vikas Aghadi (MVA) Government which was led by then Chief Minister Uddhav Thackeray.
Senior Advocate Devadutt Kamat mentioned the petition(s) which have been filed by each faction against the other before a bench led by Chief Justice of India DY Chandrachud and said that the urgency in hearing exists because the government being run in the state is unconstitutional and a hearing to decide the issue is a must.
The bench said that the hearing will take place on January 13, 2023 since a constitution bench will not assemble next week on account of it being a miscellaneous hearing week, after Kamat said that the hearing should ultimately commence and the case should be listed for directions.
A bench comprising then Chief Justice NV Ramana, Justices Krishna Murari & Hima Kohli have already formulated eleven question for consideration of a constitution bench.
In June, Eknath Shinde had moved the Supreme Court asking a direction to the Deputy Speaker to not take any action in the Disqualification Petition moved by Shiv Sena, seeking disqualification of Shinde and other MLAs. A vacation bench of Justices Surya Kant and Pardiwala had extended time granted by Deputy Speaker to Eknath Shinde and other MLAs to file their response in their disqualification petition.
Sunil Prabhu, the erstwhile Chief Whip of Shivsena and a Member of the Maharashtra Legislative Assembly had moved the Supreme Court under Article 32 of the Constitution challenging the Governor's communication to hold a floor test on June 30, 2022 . The Supreme Court, however, refused to stay the floor test in Maharashtra on June 30, 2022.
After the hearing in Supreme Court on June 29, 2022, Bharat Gogawale, the Shivsena MLA from Mahad, filed an application seeking to suspend Eknath Shinde and other 'delinquent MLAs' from the membership of the Maharashtra Legislative Assembly, as an interim measure, till their disqualification petitions are finally decided. The vacation bench, however, refused the urgent listing of the plea.
Eknath Shinde took oath as the Chief Minister of Maharashtra on June 30, 2022. Subsequently, on July 3, 2022, a floor test was conducted and he emerged successful. His camp moved a plea for disqualification of Shiv Sena MLAs, who did not vote for Shinde at the floor test.
On July 11, 2022, Supreme Court orally asked the Maharashtra Legislative Assembly Speaker to not decide matters pertaining to the disqualification of the Maharashtra Legislative Assembly Members till the petitions filed by the delinquent MLAs of Shiv Sena challenging the disqualification proceedings are pending before the Apex Court. The Uddhav camp has also challenged the decision of the Governor to appoint Shinde as the Chief Minister.
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