NEW DELHI: The Supreme Court on Tuesday fixed February 14 as the date to hear the matter arising out of a banner of revolt raised by Eknath Shinde and other MLAs against Shiv Sena chief Uddhav Thackeray in Maharashtra.
Senior advocate Kapil Sibal, appearing for Thackeray faction, submitted that the matter was urgent as the Election Commission was conducting proceeding on issue of control over the party and symbol.
A five-judge Constitution bench led by Chief Justice D Y Chandrachud then fixed the matter for hearing on February 14.
Sibal also submitted that the court has to primarily decide the issue whether the 2016 five-judge judgement of the Nabam Rabia case should be referred to the seven-judge bench.
The Nabam Rabia judgement had restricted the power of Speaker to decide disqualification petitions if a resolution seeking his removal was pending.
The bench also comprised Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.
Senior advocate Neeraj Kishan Kaul appeared for Eknath Shinde's group of the Shiv Sena. Solicitor General Tushar Mehta represented the Governor.
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 Nabam Rabia.
Uddhav Thackeray's party Shiv Sena had suffered a major setback after Eknath Shinde and other MLAs ousted the leader as Chief Minister of Maharashtra.
Shinde group also made claims to the Shiv Sena party and its 'bow and arrow' symbol as well.
As the matter reached the top court, it had 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 of the state.
