Mah political crisis : SC refers 2016 ruling in Nebam Rabia case to larger bench

New Delhi: The Supreme Court in its verdict with regard to political crisis in Maharashtra on Thursday held that the 2016 ruling in Nebam Rabia case by a five-judge bench requires reference by a 7-Judge bench.

The SC thereby referred the 2016 Nabam Rebia judgment to a larger bench for a reconsideration of the ruling that a Speaker is disqualified from deciding disqulification petitions against MLAs, if there is a pending motion for removal of the Speaker.

A Five-Judge Constitution Bench of the Supreme Court, headed by the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chadrachud, passed the verdict after hearing pleas from Uddhav Thackeray and Eknath Shinde groups.

The Top Court in its verdict said that the Governor has no objective materials to conclude Eknath Shinde and his MLAs were to exit the Maha Vikas Aghadi (MVA) government & the Governor couldn’t have asked for a floor test.

The Apex Court in its verdict said that Maharashtra Governor had no objective material, to call for floor test in June, 2022.

It, however, rejected Uddhav Thackeray group’s plea against the trust vote saying he did not face the floor test and resigned.

The SC said that the issues as to whether a notice to removal of Speaker will restrict the powers of Speaker to issue disqualification notices, needs examination by a larger bench.

The Top Court also said that the Governor is not to enter to the political thicket and decide intra-party or inter-party disputes, and it finds fault with the Governor for calling the floor test that dislodged the MVA government and for a formation of Eknath Shinde-led government.

The Supreme Court said that we cannot put back the MVA government as Uddhav Thackeray had resigned voluntarily.

“We cannot quash his resignation and hence the MVA govt cannot be put back in the seat of government,” the CJI led bench asserted.

UNI