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Reference to 7-judge to be decided only while hearing merits of the Maharashtra case: SC

By LawStreet News Network      17 February, 2023 05:29 PM      0 Comments
Reference to 7-judge to be decided only while hearing merits of the Maharashtra case: SC

NEW DELHI: The Supreme Court on Friday refused for now a plea made by Uddhav Thackeray faction of Shiv Sena to refer the 2016 Nabam Rebia judgement, which restrained the Speaker from deciding disqualification petition if a resolution for his own removal is pending, to a seven-judge bench.

A bench of Chief Justice D Y Chandrachud and Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha said the issue of reference can only be decided when the court would take up hearing the merits of legal issues arising out of rebellion against Thackeray by Eknath Shinde and other MLAs in Maharashtra.

While pronouncing the order, the bench said the reference can't be decided in "abstract manner, isolated and divorced from the facts of the case".

The five-judge bench scheduled the matter for hearing from Tuesday, February 21.

A three-judge bench had on August 23, 2022 referred the matter to the Constitution bench after framing first issue whether notice for removal of a Speaker restricts him from continuing with disqualification proceedings under Tenth Schedule of the Constitution, as held by this court in Rebia case.

Thackeray was forced to resign as Chief Minister of Maharashtra after Shinde and other MLAs raised a banner of revolt against him.

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