Senior Advocate Kapil Sibal who represents the Uddhav Thackeray faction in the case born out of the Maharashtra Political Crisis, has argued in the latest hearing that took place on Tuesday that while courts takes years to decide on election cases concerning some States, it sits on a day-to-day basis to discuss such matters for other States.
The political turmoil happend last year, when Shiv Sena MP Eknath Shinde parted turned rebel and swayed most of the others to be onn his side, alienating the official heads.
The faction then went on to state official claim over the party and its associated symbols, projecting themselves the 'real' Shiv Sena.
The issue was brought to the Top Court. Ex-CM Uddhav Thackeray along with his supporters is staking claim in the party's legacy was accusing Eknath of deflection.
He has challenged the formation of Government by him with the support of BJP in the State Assembly.
The matter is being heard by a Constitution Bench headed by CJI DY Chandrachud also comprising of Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, Justice PS Narasimha.
When Justice Shah questioned Sr. Adv. Sibal on what would happen in the interim period when a disqualification initiated against a Member of the Legislative Assembly (MLA) was challenged before the Court, he responded.
"Sometimes, the Court sits day after day to discuss what is happening in Rajasthan, but when it comes to Goa and some other assemblies, it takes years to decide!
To this Justice Shah asked:
"Then what it is the course? Suppose in the court, it takes time?"
Mr. Sibal responded by saying that Court should not assume that it would take time.
"I would request Your Lordships to not assume that Court will take time...Courts should not...Courts are taking time...It's for the Court to decide. We expect the Court to take up the matter immediately, but Courts don't, unfortunately", he answered.
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(With input from news agency language)
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