Lagatar24 Desk
New Delhi, Jan 10: A Supreme Court constitution panel on Tuesday posts for February 14 the hearing of petitions regarding constitutional issues resulting from the split in the Shiv Sena party between the groups led by Eknath Shinde and Uddhav Thackeray. A bench made up of Chief Justice of India D.Y. Chandrachud, Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha was presented with the case.
Supreme Court to start hearing arguments from February 14 on whether the matter be heard by seven-judge bench or five-judge bench.
— ANI (@ANI) January 10, 2023
Senior Attorney Kapil Sibal informed the bench at the outset that he had already stated his intention to argue on the accuracy of the Nabam Rebia ruling and the necessity of the matter being referred to a seven-judge bench.
In the most recent hearing, Senior Advocate Sibal, speaking on behalf of the Uddhav Thackeray group, argued that a seven-judge bench should be convened in order to review the validity of the Constitution Bench’s 2016 ruling in Nabam Rebia v. Deputy Speaker. A five-judge panel concluded in Nabam Rebia that a Speaker cannot start the disqualification process while a motion to remove him is still on the table. The decision to submit the case to the 7-judge bench rests with the 5-judge bench, according to CJI Chandrachud.
The matter is now scheduled for February 14th, 2023, after the bench announced that it will hear the same.
“We can start the Maharashtra matter on 14th Feb and take the Assam matter after that,” CJI DY Chandrachud remarked.
