On Thursday, the Supreme Court reserved judgement on issue arising out of the Maharashtra Political Crisis as to whether to refer to a larger bench for reconsderation, the five-judge bench ruling in Nabam Rebia, and Bamang Felix Vs. Deputy Speaker and others [July 13, 2016] 2016 Latest Caselaw 494 SC
The political turmoil happend last year, when Shiv Sena MP Eknath Shinde parted turned rebel and swayed most of the others to be onn his side, alienating the official heads.
The faction then went on to stake official claim over the party and its associated symbols, projecting themselves the 'real' Shiv Sena. The issue was brought to the Top Court. Ex-CM Uddhav Thackeray along with his supporters is staking claim in the party's legacy while accusing Eknath of deflection.
He has challenged the formation of Government by him with the support of BJP in the State Assembly. The matter was being heard by a Constitution Bench headed by CJI DY Chandrachud also comprising of Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, Justice PS Narasimha.
The Bench heard arguments on the need for reference for three days.
In the 2016 judgement, it was held that a Speaker will be disabled from deciding disqualification petitions under the anti-defection law (10th schedule of the Constitution) if a notice under Article 179(c) of the Constitution for removal is pending.
The Uddhav Thackeray faction has sought reference of the above while the Eknath Shinde has maintained that no reference is required.
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(With input from news agency language)
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