Last Updated:

Sena Crisis: SC Hearing To Continue On Merits On Tuesday; Won't Be Sent To A Larger Bench

The Supreme Court on Friday refused to refer pleas related to the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgement.

Written By
Press Trust Of India

Image: PTI


The Supreme Court on Friday refused to refer pleas related to the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgement.

The 2016 judgment deals with powers of assembly speakers to decide on disqualification pleas.

A five-judge Constitution bench headed by Chief Justice D Y Chandrachud said whether the 2016 Nabam Rebia judgement requires reference or not will be considered with the merits of the case on February 21.

"Consequently, hearing on merits of the case will be held on Tuesday, 10:30 am," said the bench, which also comprises justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.

Senior advocates Kapil Sibal and A M Singhvi, appearing for the Uddhav Thackeray faction of the Shiv Sena, had sought reference of the cases to a seven-judge bench for a re-look at the Nabam Rebia judgement.

Senior advocates Harish Salve and N K Kaul, appearing for the party's Eknath Shinde-led faction, had opposed the reference to a larger bench.

Solicitor General Tushar Mehta, appearing for the Maharashtra governor, had also opposed any move to refer the matter to a larger bench.

Maharashtra CM Eknath Shinde issued a response to the Supreme Court's verdict and exuded faith in the judiciary. "We have full faith in the judiciary. In a democracy coming to power with a majority has huge value. We are working for the betterment of people. Hence we want the judiciary to decide on the basis of merits".

In 2016, a five-judge Constitution bench, while deciding the Nabam Rebia case of Arunachal Pradesh, had held that the assembly speaker cannot proceed with a plea for disqualification of MLAs if a prior notice seeking removal of the speaker is pending before the House.

The judgement had come to the rescue of the rebel MLAs led by Shinde, now the chief minister of Maharashtra. The Thackeray faction had sought their disqualification even while a notice of the Shinde group for the removal of Maharashtra Assembly Deputy Speaker Narhari Sitaram Zirwal, a Thackeray loyalist, was pending before the House.

(Disclaimer: This story is auto-generated from a syndicated feed; only the image & headline may have been reworked by www.republicworld.com)

First Published:
COMMENT