Maha Political Crisis: SC Declines Reference Of Case To Larger Bench To Re-examine Nabam Rebia Judgment 

The Supreme Court has declined to immediately refer the cases related to the Maharashtra political crisis to a larger seven-judge bench for reconsideration of a 2016 Nabam Rebia judgment. 

The Constitution Bench of the Supreme Court has declined to immediately refer the cases related to the Maharashtra political crisis to a larger seven-judge bench for reconsideration of a 2016 Nabam Rebia judgment on the powers of Assembly Speakers to deal with disqualification pleas

Supreme Court says whether Nabam Rebia judgment be referred to the seven-judge bench or not can only be decided along with hearing merits of the Maharashtra politics case.

The Supreme Court on Thursday reserved its verdict on the issue of whether pleas related to the June, 2022 Maharashtra political crisis triggered by the Shiv Sena's division be referred to a seven-judge bench for reconsideration of the 2016 Nabam Rebia judgment.

The 2016 judgment deals with the powers of assembly speakers to deal with disqualification pleas.

A five-judge constitution bench headed by Chief Justice D Y Chandrachud heard submissions from lawyers appearing for Uddhav Thackeray and Chief Minister Eknath Shinde factions.

"Heard counsel for parties. Arguments addressed only on the question of Nabam Rebia being referred to a larger bench. Orders reserved," the bench said.

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

Senior advocates Harish Salve and N K Kaul, appearing for the Shinde group, opposed the reference to a larger bench.

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

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 decision in the House.

The judgement had come to the rescue of the rebel MLAs led by Eknath 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.

(With inputs from PTI)