Maha political crisis: SC refuses to refer pleas to 7-judge bench for reconsideration Nabam Rebia order

The Supreme Court refused to refer petitions concerning the June 2022 Maharashtra political crisis triggered by the Shiv Sena's division to a seven-judge bench for reconsidering the 2016 Nabam Rebia decision on Friday, February 17. The 2016 judgment addresses assembly speakers' authority to rule on disqualification petitions.

On February 21, a five-judge Constitution bench led by Chief Justice DY Chandrachud will consider whether the 2016 Nabam Rebia judgement requires a reference.

"Thus, the case will be heard on the merits on Tuesday, 10:30 am," said the bench, including justices MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha.

Senior advocates Kapil Sibal and AM Singhvi, representing the Shiv Sena's Uddhav Thackeray faction, had requested that the cases be referred to a seven-judge bench for a re-examination of the Nabam Rebia judgement.

Senior advocates Harish Salve and N K Kaul argued against the reference to a larger bench on behalf of the party's Eknath Shinde-led faction.

Solicitor General Tushar Mehta, representing the Maharashtra governor, objected to any attempt to refer the case to a larger bench.

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

The judgement had saved the rebel MLAs led by Shinde, now Maharashtra's chief minister. The Thackeray faction sought their disqualification even as the Shinde group sought the removal of Maharashtra Assembly Deputy Speaker Narhari Sitaram Zirwal, a Thackeray loyalist, from office.

(With inputs from PTI)

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