Lagatar24 Desk
New Delhi, Feb 16: The Supreme Court reserved its order on Thursday on whether the cases filed by rival factions of the Shiv Sena led by Uddhav Thackeray and Eknath Shinde in relation to the 2022 Maharashtra political crisis should be referred to a larger bench to reconsider the Court’s 2016 judgment in Nabam Rebia v. Deputy Speaker.
Before going to reserve its decision on that matter, the Constitution Bench, which is comprised of Chief Justice of India (CJI) DY Chandrachud and Justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha, heard arguments over whether Nabam Rebia would require reconsideration.
“Arguments addressed only on the question of Nabam Rebia being referred to a larger bench. Orders reserved,” the Court recorded after today’s hearing.
During the hearing today, Chief Justice Chandrachud observed that one of the aspects to be considered is whether the Nabam Rebia judgment was applicable at all, to the case at hand.
“In our case, what happens is, the Speaker created problem for himself, may be due to political exigency.. he said on 25th that time (is given) till 27th and Supreme Court said time (is) extended to 12th July. Meanwhile, trust vote happens and Uddhav Thackeray. So, what could have happened to the party was never tested.. The resignation of the Chief Minister (Thackeray) obviated the floor test.. so the voting pattern was not revealed.. so does Nabam Rebia arise? .. Of course, interesting proposition… but can the court venture into this area without facts? … Speaker’s resolution was not tested in the house and voting pattern did not emerge”, he observed.
Notably, Shiv Sena group led by Uddhav Thackeray demanded that the five-judge Nabam Rebia case be sent to a seven-judge panel for review.
The five-judge Constitutional bench had ruled in the 2016 Nabam Rebia case that the Speaker cannot start the disqualification process while a motion to remove him is still pending.
Senior attorney Kapil Sibal, speaking on behalf of the Uddhav Thackeray camp, said that the Nabam Rebia case legislation must be urgently reviewed.
The dissident MLAs led by Eknath Shinde, who is currently the chief minister of Maharashtra, were saved by the Nabam Rebia ruling. Even though a notice from the Shinde group to remove Thackeray supporter and deputy speaker of the Maharashtra legislature Narhari Sitaram Zirwal was still pending before the House, the Thackeray faction had sought their disqualification.
The five-judge bench that is currently deliberating a group of petitions resulting from the political crisis in Maharashtra in 2022, which has its roots in the Shiv Sena, has been asked by the apex court to consider whether it can “tighten” the 2016 judgement, or whether that matter should be referred to a larger seven-judge bench.
