Sena Vs Sena: Thackeray faction seeks reference to 7-judge bench in Supreme Court

The bench said this would be decided by the five-judge bench only after hearing the arguments

Shiv Sena's Uddhav Thackeray faction on Tuesday asked the Supreme Court to refer the 2016 five-judge 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.

Appearing for the Thackeray faction in a pending Sena Versus Sena legal battle, senior advocate Kapil Sibal, 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 it is persuaded for it.

The bench, however, said this would be decided by the five-judge bench only after hearing the arguments 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.

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

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

Uddhav Thackeray's party Shiv Sena suffered a major setback after Eknath Shinde and other MLAs raised a banner of revolt against the leader, ousting him as Chief Minister of Maharashtra.

Shinde group 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.