Sena Vs Sena battle: Thackeray faction seeks reference to 7-judge bench in SC [Read Order]

NEW DELHI: The Uddhav Thackeray faction on Tuesday asked the Supreme Court to refer the judgement of the Naban Rabia case, which restricted the power of Speaker to decide disqualification petitions if a resolution seeking his removal was pending, to a seven-judge bench.

Senior advocate Kapil Sibal, appearing for the Thackeray faction in a pending Sena Versus Sena legal battle, submitted before a five-judge bench led by Chief Justice D Y Chandrachud that the court may refer the Nabam Rabia judgement (2016) to the seven-judge bench, if we are able to persuade the court to do so.

The bench, however, said this would be decided by the five-judge bench and arguments can be addressed in this regard.

The bench, also comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha, posted the matter for January 10.

As Sibal sought preliminary hearing on reference, the court asked both the sides to submit a brief note on the issues.

Senior advocate Neeraj Kishan Kaul appeared Shinde's group while Solicitor General Tushar Mehta represented the Governor to assist the court on question of law only.

In its reference order passed on August 23, 2022, a three-judge bench had framed 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 Nebam Rabia (by a five-judge bench).

Uddhav Thackeray's party Shiv Sena suffered a major setback after Eknath Shinde and other MLAs raised a banner of revolt against the leader. They ousted Thackeray as Chief Minister of Maharashtra and laid claims to the Shiv Sena party and its symbol as well. When the matter reached the top court, it restrained Speaker from proceeding on disqualification petitions against Shinde and other MLAs and subsequently allowed a fresh vote of confidence in Assembly, forcing Thackeray to resign as Chief Minister.

 [Read Order]