Sena vs Sena: SC to start hearing matter on Feb 14

The Supreme Court on Tuesday fixed February 14 as the date of hearing the matter arising out of Eknath Shinde and other MLAs ousting their party Shiv Sena chief Uddhav Thackeray as Chief Minister of Maharashtra.

Senior advocate Kapil Sibal, appearing for the Thackeray faction, had submitted that the matter was urgent as the Election Commission was conducting proceedings on the 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.

Also read | Opposition should not cast aspersions on Speaker: Maha CM Shinde

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.

Senior advocate Harish Salve, appearing for Shinde group, said the court may have to examine if these issues survived at all and whether it has become only academic.

Notably, the 2016 Nabam Rabia judgement had restricted the power of the Speaker to decide disqualification petitions if a resolution seeking his removal was pending.

The bench, also comprising justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha, said the court would first take up the Maharashtra matter among other Constitution bench cases.

Senior advocate Neeraj Kishan Kaul appeared for Eknath Shinde's group of the Shiv Sena. Solicitor General Tushar Mehta represented the Governor.

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

Thackeray's Shiv Sena had suffered a blow after Eknath Shinde and other MLAs ousted their leader as the Chief Minister of Maharashtra.

Shinde group also made claims to the Shiv Sena party and its 'bow and arrow' symbol as well.