Maharashtra Politics: Former Maharashtra Chief Minister Uddhav Thackeray has received a setback from the Supreme Court. The court has refused to refer one aspect of the Shinde-Uddhav dispute to a larger bench. Uddhav camp had made this demand in the court. Chief Justice DY Chandrachud gave his verdict on behalf of the 5-judge bench.
Uddhav camp in his petition had demanded to send the 2016 Nabam Rebia judgment to a 7-judge bench for review. In this decision, it was said that when the motion against the Speaker to remove himself from the post is pending, then he cannot consider the disqualification of the MLAs. The court will now start hearing the main case from February 21.
Know what is the whole matter?
The 5-judge bench had said that if If the proposal to remove the speaker from the post is pending, then he cannot consider the disqualification of the MLA. For this reason, during the rebellion of Eknath Shinde, the then Deputy Speaker of Maharashtra Legislative Assembly did not have the right to disqualify 16 MLAs of Shinde faction. Because of this, the Mahavikas Aghadi government led by Uddhav had fallen. The Uddhav camp had challenged this decision of the Supreme Court in its petition.
What did the Uddhav Thackeray faction say?
Shiv Sena (Uddhav Balasaheb Thackeray), senior advocate Kapil Sibal argued before a five-judge constitution bench headed by CJI DY Chandrachud that there was a need to reconsider the law laid down in the Nabam Rebia case. Sibal said it is time for us to revisit Nabam Rebia and 10th Schedule, as it has caused a lot of damage.
Shinde faction opposed the petition
on the other hand Eknath Shinde Senior advocates Harish Salve and Neeraj Kishan Kaul, appearing for the group, opposed the need for reconsideration of Nabam Rebia. Shinde faction’s lawyers argued that a Speaker cannot be allowed to disqualify legislators when he himself is facing a motion for removal.
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