The Supreme Court Constitution bench on Friday held that the problem whether or not Nabam Rebia judgement requires a reference to a larger 7-judge bench will likely be determined together with the deserves or the case regarding Shiv Sena rift. The deserves of the case will likely be heard on Tuesday (February 21)
The Apex Court was slated to pronounce its judgment Friday on a plea made by Uddhav Thackeray’s Shiv Sena to refer the five-judge bench resolution in Nabam Rebia case of 2016 to a seven-judge bench nevertheless it deferred the verdict to Tuesday.
A five-judge bench, headed by Chief Justice of India D.Y. Chandrachud, noticed that the Constitution lays down the precept with regards to total disqualifications and on the Tenth Schedule, the Constitution has launched further disqualification.
The Thackeray faction argued that Nabam Rebia judgment which restricted the ability of the Speaker to look at disqualification petition if a decision of his personal removing was pending, was susceptible to misuse for the advantage of defecting MLAs.
The bench famous that it has seen how vexed the Nabam Rebia may be. The judgment has laid down a precept and earlier than the courtroom decides to enter upon this to evaluate it, “we have to be sure it strictly arises in this case”, it stated.
It added that it’s tough to lay down a rule prescribing whether or not the Speaker ought to resolve inside this time, discretion is given however no matter resolution the Speaker takes, it is going to relate again.
Senior advocate Kapil Sibal, representing the Thackeray faction, submitted that within the meantime, a legally elected authorities will likely be toppled.
“Take the present casea. Eknath Shinde, he is the CM now. How is it going to relate back?”
The bench famous that correctness of Nabam Rebia judgment will come up if the Speaker stood injuncted by this courtroom from exercising energy and the Speaker created an issue for himself, could also be out of political exigency. It additional added that the Speaker solely gave 2 days’ discover and the apex courtroom had prolonged the time for reply until July 12, 2022.
“So, the Speaker’s resolution was not tested in the House. Resignation obviated the floor test. As a result of that, the consequences of the votes, which would have otherwise been cast by persons sought to be disqualified, did not emerge. So Nabam Rebia does not arisea..”.
The Chief Justice stated: “So can the court venture into the correctness of Nabam Rabia when the factual circumstances do not arise?”
It famous that it isn’t a case of defection, however a case of realignment, the place the CM is in minority, and the CM sees the writing on the wall and the speaker points discover, ought to the Speaker restrain it until a while?
Sibal argued that underneath the Tenth Schedule, there is no such thing as a defence of majority and solely defence is merger, which isn’t there. He added that even when the CM is in minority, assuming so, they’re nonetheless liable to disqualification and “you go out of house, face election and come back…”.
The bench, additionally comprising Justices M.R. Shah, Hima Kohli, Krishna Murari, and P.S. Narasimha, wrapped up the arguments on Thursday on level of reference after listening to a battery of senior legal professionals – senior advocates Kapil Sibal, Abhishek Manu Singhvi, and Devadatt Kamat for the Thackeray faction and senior advocates Harish Salve, and Neeraj Kishan Kaul, assisted by advocate Abhikalp Pratap Singh, for the Shinde aspect.
Sibal stated the issue with the Nabam judgment is that it says the second the discover is given, the Speaker can not preside and these are severe points. Here the elected authorities was toppled and the Speaker couldn’t do something, he added.
In December final 12 months, the Thackeray faction had requested the Supreme Court to refer the judgment within the Nabam Rebia case to a seven-judge bench of the apex courtroom.
In August this 12 months, a three-judge bench of the apex courtroom had stated {that a} five-judge structure bench will hear a batch of petitions filed by Maharashtra Chief Minister Shinde and Uddhav Thackeray faction on queries associated to defection, merger and disqualification. The three-judge bench, in its reference order, had framed the primary concern as whether or not discover for removing of a Speaker restricts him from persevering with with disqualification proceedings underneath Tenth Schedule of the Constitution, as held by the highest courtroom in Nabam Rebia (by a five-judge bench).
Thackeray suffered a significant setback after Shinde and different MLAs rebelled towards him and ousted him as Maharashtra CM. They additionally laid claims to the Shiv Sena get together and its image as nicely.
(With IANS enter)
