SC to commence hearing pleas on Feb 14 over Maha political crisis

The Supreme Court said that it will commence hearing on February 14 on pleas related to the Maharashtra political crisis triggered by the Shiv Sena’s division.

A five-judge constitution bench headed by Chief Justice DY Chandrachud was told by senior advocate Kapil Sibal, appearing for the Uddhav Thackeray Shiv Sena, that he will will seek reference of the cases to a seven-judge bench to have a re-look of a 2016 judgment on powers of assembly speakers to deal with disqualification pleas.

We have filed the submissions on reference of matters to a seven-judge bench constitution bench. They (Chief Minister Eknath Shinde faction of Shiv Sena) have filed the response, Sibal told the bench which also comprised justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.

We will keep it for hearing on February 14, the CJI said. Sibal, while seeking reference of matters to a seven-judge bench, had sought re-look at an earlier apex court judgement.

This decision had come to the rescue of rebel MLAs led by Shinde, now the chief minister of Maharashtra, in the apex court on the ground of pendency of a notice for removal of assembly deputy speaker Narhari Sitaram Zariwal.

Earlier this year, the Thackeray-led Maha Vikas Aghadi (MVA) government in the state that comprised the Shiv Sena, the NCP and the Congress collapsed after Sena MLA Shinde and 39 other legislators rebelled against the party’s leadership. This later led to the division in the Shiv Sena with one faction headed by Thackeray and the other by Shinde.

Sibal, senior counsel, submits that when the matter is taken up for hearing, he would be arguing for a reference of the correctness of the view of the constitution bench in the Nabam Rebia case to a seven-judge constitution bench. It has been agreed that Sibal shall circulate a brief note of his submission on the proposed reference to a seven-judge bench that he would seek, the bench had said on December 13 last year.