[Maharashtra Political Crisis] "Nabam Rebia judgment needs gap filling:" Supreme Court refers issues to Constitution Bench

The Supreme Court on Tuesday referred issues arising out of a batch of petitions related to the Maharashtra political crisis to a five-judge Constitution Bench..A Bench headed by Chief Justice of India (CJI) NV Ramana was hearing petitions related to the formation of the Eknath Shinde-led BJP government in Maharashtra, the disqualification of rebel MLAs, and the right over the Shiv Sena's bow-and-arrow symbol. "List the matter before the Constitution Bench day after tomorrow and the Bench will decide about the symbol-related Election Commission proceeding at the beginning," the top court ordered. The Court also directed the Election Commission to not take any decision till the Constitution Bench hears the matter day after tomorrow..The CJI said that a Constitution Bench was required to look at the gap left by the decision in the case of Nabam Rebia v. Deputy Speaker with regard to the power of the Deputy Speaker to initiate disqualification proceedings."It is important to highlight on power of deputy speaker to initiate disqualification proceeding when such proceeding has been initiated against him. Here Nabam Rabia judgment needs gap filling. What is impact of removal of para 3 of the Tenth Schedule? What is the scope of interplay with Tenth Schedule? What is the scope of powers of Speaker? What is the scope of power of ECI when there is rift in party? All these questions to be decided by the larger bench," CJI Ramana said..In the wake of the political crisis in Maharashtra, rebel MLAs of the Shinde faction had received disqualification notices from the then Deputy Speaker for acting against the party whip while voting during the Member of Legislative Council (MLC) elections in the State. The rebel MLAs then approached the top court against the disqualification notices.The Supreme Court on June 27 had granted interim relief to Shinde and his rebel group of MLAs by extending the time to file responses to the disqualification notices sent by the Deputy Speaker, till July 12.Subsequently, the Court on June 29 also gave the go-ahead to a floor test called for by Governor Bhagat Singh Koshyari..This led to the fall of the Thackeray government and Shinde took oath as Chief Minister with the backing of the BJP, which is the single largest party in the House.The Thackeray camp meanwhile filed various petitions before the top court. One of the petitions has challenged the illegal summoning of the Assembly by the Governor of Maharashtra for conducting the floor test..Another petition challenged the illegal order of the newly appointed Speaker removing Ajay Chaudhary and Sunil Prabhu from the posts of leader as well as Chief Whip of the Shiv Sena Legislature Party respectively.The Shinde faction meanwhile approached the Election Commission to decide which is the real Shiv Sena - the Shinde camp or the Thackeray camp.This prompted the Thackeray camp to move the Supreme Court, contending that the Election Commission should be restrained from deciding the Shinde camp's plea until the petition on the disqualification of the rebel MLAs is decided by the apex court..[Read our live coverage of the hearing below]

[Maharashtra Political Crisis] "Nabam Rebia judgment needs gap filling:" Supreme Court refers issues to Constitution Bench

Debayan Roy

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