On Thursday, the Supreme Court reserved judgment in the matter pertaining to the political turmoil in Maharashtra as a rift within the Shiv Sena party between Uddhav Thackeray and Eknath Shinde groups, led to the change in the Government in July 2022.
The Court has now reserved the judgment in a batch petition filed by both sides covering a wide range of issues relating to deflection law and other legislative procedures.
The first petition was filed by the Eknath Shinde faction in June 2022 challenging the notices issued by the then Deputy Speaker against the rebels under the 10th Schedule of the Constitution over alleged defection. Later, the Uddhav Thackeray faction filed petitions in the Supreme Court challenging the decision of the Maharashtra Governor to call for a trust vote, and following the swearing-in of Eknath Shinde as the Chief Minister of the Government with the backing of BJP, the election of a new Speaker, etc.
The matter was first catered by a three-judge bench which later transferred it to Constitution Bench in August 2022.
A 5-judge bench of Chief Justice of India DY Chandrachud, Justice MR Shah, Krishna Murari, Hima Kohli, and PS Narasimha started hearing the matter on February 14th. The Bench formed a series of legal issues.
The preliminary issue as raised by Uddhav Thackeray's side was that the matter should be referred to a larger bench to reconsider the dictum laid down in the Nabam rebia, and Bamang Felix Vs. Deputy Speaker and others [July 13, 2016] judgment ruling that Speakers cannot issue disqualification notices when a notice seeking their removal is pending.
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(With input from news agency language)
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