In the cases related to rift within Shiv Sena, a 5-judge of the Constitution Bench on Friday observed that it will decide the plea for reference to a larger bench after hearing the merits of the matter, reported Live Law.
The plea for reference is made by the Uddhav Thackeray side to revisit the correctness of the Constitution Bench judgment in Nabam Rebia vs Deputy Speaker (2016).
In Nabam Rebia, the opinions of the then Chief Justice JS Khehar and Justice Deepak Misra held that a Speaker cannot decide on disqualification petitions when a notice seeking his removal is pending. However, Justice MB Lokur in his judgment observed that this point did not arise in the case.
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Today, the Constitution Bench observed that it has to be ascertained from the facts whether the principles of Nabam Rebia are attracted in the instant case. Therefore, the Bench decided to hear the issue of reference along with the merits of the matter. The bench has listed the case for hearing from next Tuesday.
“The issue of whether a reference to a bench of 7-judges is to be made cannot be considered in the abstract, isolated and divorced from the facts of the case. Whether the principle formulated in Nabam Rebia has an impact on the factual position in the present case needs deliberation.
Against the above backdrop, the issue of whether the reference of the decision in Nabam Rebia to a larger bench is warranted would be determined together with the merits of the case. Consequently, the batch of cases is set down for hearing on merits on Tuesday, February 21”, CJI Chandrachud read out the operative part of the order.
A 5-judge bench led by Chief Justice of India DY Chandrachud was hearing a bunch of petitions relating to the political developments in Maharashtra, which resulted in a change of State Government in July 2022, following a rift within the Shiv Sena party between Uddhav Thackeray and Eknath Shinde groups.
The bench, also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha, heard arguments on the need for a reference for three days.
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