Chief Justice of India U.U. Lalit on Tuesday indicated that the Supreme Court may list on Wednesday the dispute between former Maharashtra chief minister Uddhav Thackeray and Maharashtra Chief Minister Eknath Shinde over the "real" Shiv Sena.
The Chief Justice hinted at listing the case on Wednesday after senior advocate Neeraj Kishan Kaul, for the Shinde faction, mentioned it for early hearing.
Mr. Kaul said the proceedings before the Election Commission (EC) has been paused to await the outcome of the apex court case.
On August 23, a three-judge Bench had referred the dispute to a Constitution Bench.
The three-judge Bench had raised important constitutional questions relating to interpretation of Schedule 10 (anti-defection law) of the Constitution pertaining to disqualification, as well as the powers of the Speaker and the Governor and the power of judicial review.
It had highlighted gaps in the court's earlier judgment in Nebam Rebia case relating to the power of the Speaker/Deputy Speaker to initiate disqualification proceedings, when proceedings for his or her own removal from office has been initiated.
The Bench had framed 10 questions of law for the Constitution Bench to consider and decide.
These included questions on the scope of the power of the Speaker to determine the Whip and the Leader of the House Legislature Party; whether intraparty decisions were amenable to judicial review; the extent of discretion and power of the Governor to invite a person to form the government, and whether the same is amenable to judicial review; the scope of the powers of the EC with respect to determination of a split within a party.
The court had also asked the Constitution Bench to decide whether the notice for removal of a Speaker restricts him from continuing with disqualification proceedings; whether a constitutional court can be approached for a decision on a disqualification petition; can a court hold that a member is “deemed” to be disqualified by virtue of his/her actions, absent a decision by the Speaker; what is the status of proceedings in the House during the pendency of disqualification petitions against the members, among others.
